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Supreme Court Will Discuss Ban On Marijuana Users’ Gun Ownership In September

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Amid a smattering of recent court cases across the country casting doubt on the constitutionality of the federal government’s blanket ban on firearm possession by marijuana users—a law known as Section 922(g)(3)—the U.S. Supreme Court is set to privately discuss in September whether to take up a pending case that centers on the statute.

According to the high court’s docket for the case, U.S. v. Cooper, the matter has been distributed to justices for consideration in a private conference on September 29. An appeals court panel previously dismissed a three-year prison sentence against the defendant, who was convicted for possession of a firearm while being an active user of marijuana.

The development comes as at least two separate but similar cases wait in the wings. One, U.S. v. Baxter, involves a defendant found in possession of both a firearm and a bag of marijuana. The government charged him under 922(g)(3), which prohibits gun ownership by “unlawful” users of controlled substances.

The U.S. Department of Justice (DOJ) has repeatedly asked the court for more time to decide whether to seek review of an opinion in that case from the U.S. Circuit Court of Appeals for the Eighth Circuit, which ruled the gun ban might be unconstitutional as applied to the defendant.

Most recently, justices extended the government’s deadline to July 3 to file an appeal in that case—a deadline that’s come and gone without any new documents being posted to the docket.

Asked by Marijuana Moment about the status of the solicitor general’s reply in Baxter, a DOJ public affairs representative replied on Thursday: “No comment, thanks.”

Separately, the federal government is asking the Supreme Court to review a different case involving the firearm ban, U.S. v. Hemani, arguing that “Section 922(g)(3) complies with the Second Amendment.”

“That provision targets a category of persons who pose a clear danger of misusing firearms: habitual users of unlawful drugs,” says a filing from U.S. Solicitor General D. John Sauer.

In Cooper, which justices are set to discuss amongst themselves in September, Sauer earlier this month asked that the court hold off on deciding whether to review that case until the Hemani dispute is resolved.

One reason DOJ could be focused on the high court taking up Hemani in particular is that the defendant in that case is not only a cannabis user but also a user of cocaine who’s sold drugs in the past, according to court findings, which could make him less sympathetic in the eyes of the court. Defendants in the other cases were merely found in possession of both a firearm and marijuana.

Lawyers for the defendant in Hemani argued in a brief earlier this week that the high court should decline the case.

“With no circuit split and the limited scope of the summary affirmance below, this case is not an appropriate procedural vehicle for seeking this Court’s review,” they wrote. “The petition for writ of certiorari should be denied.”

If the Supreme Court takes up Hemani and declares 922(g)(3) constitutional, such a ruling could could mean government wins in the remaining cases.

A number of federal courts in recent months have cast doubt on the legality of 922(g)(3), finding generally that while the ban on gun ownership among drug users may not be entirely unconstitutional, there’s scant historical precedent for such a broad restriction of Second Amendment rights on an entire a category of people.

As a recent report from the Congressional Research Service explained the current legal landscape, a growing number of federal courts are now “finding constitutional problems in the application of at least some parts” of the firearms prohibition.

In a ruling earlier this week, for instance, a three-judge panel for the U.S. Court of Appeals for the Eighth Circuit vacated a defendant’s conviction and remanded the case back to a district court, noting that a retrial before a jury may be necessary to determine whether cannabis in fact caused the defendant to be dangerous or pose a credible threat to others.

The new Eighth Circuit opinion appears to differ from a recent Third Circuit ruling in that the new decision says that not every application of 922(g)(3) “require[s] an individualized factual determination,” explaining that such determinations wouldn’t be necessary if the government could demonstrate that a particular drug made an entire class of users dangerous.

By contrast, the Third Circuit earlier this month said in a published opinion that district courts must make “individualized judgments” to determine whether 922(g)(3) is constitutional as applied to particular defendants.

The appeals panel ruled that while a person “need not have harmed someone, threatened harm, or otherwise acted dangerously to justify his disarmament,” the history of gun laws in the country requires that “district courts must make individualized judgments and conclude that disarming a drug user is needed to address a risk that he would pose a physical danger to others.”

Judges in that case noted that historical restrictions on gun ownership under “drunkenness and lunacy laws” in the U.S. “were still always based on an ‘individualized assessment’ rather than a categorical judgment.”

In 2024, the Supreme Court issued a ruling in U.S. v. Rahimi, a case having to do with firearm possession among people subject to domestic violence restraining orders. Justices subsequently remanded a number of pending cases back to lower courts for reconsideration, including U.S. v. Daniels, which centered on the federal gun prohibition for cannabis consumers.

When the Daniels case was first heard by the U.S. Court of Appeals for the Fifth Circuit, judges declared the gun restriction unconstitutional. After the Supreme Court remanded the case back to the Fifth Circuit, the appeals court in a January opinion again took issue with the statute, explaining that while 922(g)(3) wasn’t unconstitutional on its face, it was unconstitutional as applied to a defendant who was only an occasional cannabis user.

The Fifth Circuit’s Daniels ruling came on the heels of a string of other judicial decisions casting doubt on the legality of the ban.

Earlier this year, a federal judge in Rhode Island ruled that the ban was unconstitutional as applied to two defendants, writing that the government failed to establish that the “sweeping” prohibition against gun ownership by marijuana users was grounded in historical precedent.

A federal judge in El Paso separately ruled late last year that the government’s ongoing ban on gun ownership by habitual marijuana users is unconstitutional in the case of a defendant who earlier pleaded guilty to the criminal charge. The court allowed the man to withdraw the plea and ordered that the indictment against him be dismissed.

Another panel of judges, on the U.S. Court of Appeals for the Tenth Circuit, heard oral arguments in November in the government’s appeal of a district court ruling that deemed the gun ban unconstitutional.

In a number of the ongoing cases, DOJ has argued that the prohibition on gun ownership by marijuana users is also supported by the Rahimi decision that upheld the government’s ability to limit the Second Amendment rights of people with domestic violence restraining orders.

DOJ has made such arguments, for example, in favor of the firearms ban in a case in a case in the U.S. Court of Appeals for the Eleventh Circuit. In that matter, a group of Florida medical cannabis patients contends that their Second Amendment rights are being violated because they cannot lawfully buy firearms so long as they are using cannabis as medicine, despite acting in compliance with state law.

DOJ under President Joe Biden consistently argued that medical marijuana patients who possess firearms “endanger public safety,” “pose a greater risk of suicide” and are more likely to commit crimes “to fund their drug habit.”

It remains unclear how the Trump administration will approach the cases. At a NRA conference in 2023, Trump suggested there might be a link between the use of “genetically engineered” marijuana and mass shootings. He listed a number of controversial and unproven factors that he said at the time he would direct the Food and Drug Administration (FDA) to investigate as possibly causing the ongoing scourge of mass shooting afflicting the country.

“We have to look at whether common psychiatric drugs, as well as genetically engineered cannabis and other narcotics, are causing psychotic breaks” that lead to gun violence, he said.

DOJ has claimed in multiple federal cases over the past several years that the statute banning cannabis consumers from owning or possessing guns is constitutional because it’s consistent with the nation’s history of disarming “dangerous” individuals.

In 2023, for example, the Justice Department told the U.S. Court of Appeals for the Third Circuit that historical precedent “comfortably” supports the restriction. Cannabis consumers with guns pose a unique danger to society, the Biden administration claimed, in part because they’re “unlikely” to store their weapon properly.

Last year, Biden’s son Hunter was convicted by a federal jury of violating statute by buying and possessing a gun while an active user of crack cocaine. Two Republican congressmen challenged the basis of that conviction, with one pointing out that there are “millions of marijuana users” who own guns but should not be prosecuted.

The situation has caused confusion among medical marijuana patients, state lawmakers and advocacy groups, among others. The National Rifle Association’s (NRA) lobbying arm said recently that the court rulings on the cannabis and guns issue have “led to a confusing regulatory landscape” that have impacted Americans’ Second Amendment rights.

“Marijuana use is no longer limited to the domain of indigenous religious customs or youth-oriented counterculture and now includes a wide variety of people who use it for medicinal or recreational reasons,” said the advocacy group, which does not have an official stance on cannabis policy generally. “Many of these individuals are otherwise law-abiding and productive members of their communities and want to exercise their right to keep and bear arms.”

Meanwhile, some states have passed their own laws either further restricting or attempting to preserve gun rights as they relate to marijuana. Recently a Pennsylvania lawmaker introduced a bill meant to remove state barriers to medical marijuana patients carrying firearms.

Colorado activists also attempted to qualify an initiative for November’s ballot that would have protected the Second Amendment rights of marijuana consumers in that state, but the campaign’s signature-gathering drive ultimately fell short.

As 2024 drew to a close, the ATF issued a warning to Kentucky residents that, if they choose to participate in the state’s medical marijuana program that’s set to launch imminently, they will be prohibited from buying or possessing firearms under federal law.

The official said that while people who already own firearms aren’t “expected to” turn them over if they become state-legal cannabis patients, those who “wish to follow federal law and not be in violation of it” must “make the decision to divest themselves of those firearms.”

Since then, bipartisan state lawmakers have introduced legislation that would urge Kentucky’s representatives in Congress to amend federal law to clarify that users of medical marijuana may legally possess firearms, though no action has since been taken on that bill.

Kentucky Gov. Andy Beshear (D) said in January that he supported the legislature’s effort to urge the state’s congressional delegation to call for federal reforms to protect the Second Amendment rights of medical marijuana patients, but the governor added that he’d like to see even more sweeping change on the federal level.

“I think the right way to deal with that is not just to focus on that issue, but to change the schedule of marijuana,” Beshear said at a press conference. “What we need to change is the overall marijuana policy by the federal government.”

Photo elements courtesy of rawpixel and Philip Steffan.

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Rhode Island Officials Pause New Hemp Retailer Licenses As They Study Sales Of THC Drinks In Liquor Stores And Bars

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“If it’s not been tested by a state-certified laboratory, it’s difficult to say [if] what’s on the side of the tin is what people are getting.”

By Christopher Shea, Rhode Island Current

Ten applicants seeking retail hemp licenses may have to wait until next March or longer after the Rhode Island Cannabis Control Commission paused issuing new licenses pending the completion of a study on regulating intoxicating THC beverages sold in liquor stores and bars.

The three-member panel voted unanimously at its monthly meeting last week to temporarily suspend taking applications and granting new licenses for businesses that allow on-site consumption. Liquor stores, bars and restaurants have been able to take part in the legal hemp market since last summer.

As of last Friday, the office had 10 pending initial applications for CBD/hemp retailer or distributor licenses and one retailer pending renewal, commission spokesperson Charon Rose wrote in an email to Rhode Island Current. Rose did not immediately provide the list of hemp vendor applicants.

Matthew Przygoda, the adult non-alcohol category manager for Craft Collective Homegrown Beverage Distributors in Bellingham, Massachusetts, told the commission that halting new licenses disrupts entrepreneurs and small businesses trying to enter the space legally.

“No one is better equipped to verify age and ensure responsible dispensing than our on-premise retailer partners,” he said.

Brian Oakley, who co-owns Julian’s in Providence, asked the commission to reconsider its vote, calling it potentially disruptive to customers who have grown used to seeing THC drinks available in restaurants like his West End neighborhood spot.

Julian’s was granted a license to sell hemp products on December 3, 2024, according to state records.

“I’ve witnessed people come into a bar, restaurant, and are excited when they see the placement of the product,” Oakley said.

Cannabis cultivators oppose allowing THC products to be sold outside licensed pot shops, arguing that products—that mostly come from out-of-state—are not held to the same standards as what’s grown and manufactured in Rhode Island.

“We’ve spent so much time not crossing those two things, THC and alcohol,” Jason Calderon, the vice president and CEO of Bonsai Buds, an Exeter-based cannabis cultivator, told commissioners. “The only benefit that I see are the liquor stores and bar industry having another revenue source.”

Study to look at dosage limits, labeling, protecting kids and more

Lawmakers heard from both sides this spring and held their own debates on what to do about THC drinks already being legally distributed and sold by 120 licensed hemp retailers and distributors.

Ultimately, the General Assembly passed companion resolutions requesting the Cannabis Control Commission conduct a study to come up with recommendations on dosage limits, packaging standards, labeling requirements, licensing conditions, and other ways to ensure children don’t accidentally consume the intoxicating drinks. The measure calls on the commission to “consult with medical experts and appropriate state agencies and departments” including the Department of Health, the Department of Revenue, and the Department of Business Regulation. The commission’s recommendations are due to state lawmakers by March 1, 2026.

The study was written into the state’s fiscal 2026 budget, which took effect July 1. The budget gave the commission new authority to suspend licenses—a power previously held by the Rhode Island Department of Business Regulation before the transfer of oversight to the newly-established Cannabis Office.

The halt in new hemp licenses comes as regulators weigh whether to create new frameworks surrounding social consumption, such as the possibility of allowing cannabis cafes.

“It needs more time to be studied, as there are many policy complexities,” Carla Aveledo, policy liaison for the Rhode Island Cannabis Control Commission, told the panel.

THC drinks derived from hemp were illegal in Rhode Island until August 2024, when the state’s Office of Cannabis Regulation began allowing the sale of products containing low levels of delta-9 THC at licensed retailers, including vape shops and liquor stores.

Hemp has been legal at the federal level since 2018. By itself, hemp produces little to no THC, the compound most commonly associated with cannabis intoxication, and is typically non-psychoactive when first harvested—unlike other cannabis plants.

But with the magic of chemistry, delta-9 and less potent delta-8 THC can be produced.

Infusing THC with a drink requires an emulsifier stable with the pH balance of whatever the drink is, as cannabis is typically concentrated into an oil, Stuart Procter, co-founder and lab director for cannabis testing facility PureVita Labs in West Warwick, told commissioners.

But since hemp-derived drinks come from out-of-state, Procter said they’re not guaranteed to all be held to the same standards

“If it’s not been tested by a state-certified laboratory, it’s difficult to say [if] what’s on the side of the tin is what people are getting,” Procter said.

Even slight heat can reduce the product’s potency, Procter said in an interview after the meeting.

“And when you drink it, you don’t get anything,” he said. “So you’d have to drink a lot more.”

This story was first published by Rhode Island Current.

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Broader Launch Of Minnesota’s Marijuana Retail Market Is Almost Here, State Officials Say

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“I don’t think it was anticipated that the tribal program and operations would start so far ahead of non-tribal licenses.”

Amid the coffeeshops and cocktail lounges that dot the intersection of West 25th Street and South Lyndale Avenue in Minneapolis sits the Loon Smoke Shop, where amiable loiterers congregate late into the evening vaping or smoking.

You might soon find a scene like this a few blocks south at the smoke shop’s new dispensary, which is in the final steps of the state cannabis licensing process and is hiring people “passionate” about the marijuana industry.

“We’re currently looking for budtenders, lead budtenders and store managers,” an Instagram post read.

When Gov. Tim Walz (DFL) signed legislation legalizing cannabis in 2023, there was a retail target that stores across the state would open by 2025 at the latest.

As MinnPost has diligently chronicled, that hasn’t happened. Asked last week which of the DFL-controlled Legislature’s myriad laws passed in 2023 is most difficult to implement, Gov. Walz was quick to say legal weed.

That might be changing.

In the last month, the Minnesota Office of Cannabis Management (OCM) has granted final approval to five retailers to begin selling cannabis, the first such businesses not operated by one of the state’s 11 tribal nations.

By the end of the year Minnesota could see up to 150 marijuana businesses not owned by the tribes, according to Eric Taubel, interim director of the Office of Cannabis Management.

Taubel said in an interview that if a cannabis shop is slow to get off the ground, the weed entrepreneur can no longer blame a cumbersome state licensing process.

“We’ve transitioned to the point where the onus is on the applicant and a prospective business owner,” Taubel said.

Here is an assessment of where Minnesota is in legalizing it.

I want legal marijuana now. Where can I buy it in Minnesota?

Except for drinks at bars and liquor stores infused with hemp-derived THC, the sale of marijuana is still confined to tribal operators.

Returning to Minnesota marijuana legalization 101, the state law permits tribes to determine how they want to oversee grow and sales operations.

“Minnesota is a national leader in its approach to cannabis and tribal nations,” Taubel said. “Gov. Walz and Lt. Gov. Flanagan have been leaders in what tribes can do and recognize their inherent sovereignty.”

As a result, Minnesotans can stop reading this article and drive right now to retailers on tribal lands. Stores have been open since August 2023 when the Red Lake Nation opened a dispensary.

The law also lets these tribes operate pot businesses outside reservation land if they agree to an overall regulatory compact with the Office of Cannabis Management. The first such compact was finalized in May with the White Earth Nation, which has since opened stores in St. Cloud and Moorhead.

“I don’t think any other state has a model like this,” said Leila Fatehi, a lawyer at Blunt Strategies, an aptly named Minneapolis-based law firm representing pot businesses. “I don’t think it was anticipated that the tribal program and operations would start so far ahead of non-tribal licenses.”

What about the five non-tribal licenses you mentioned?

The Office of Cannabis Management granted final approval in June for a company called Herb-Quest to operate a cultivation center in Pine County.

Then this week, Concentrate Labs, doing business as Roots and Resin Farm, got the state’s greenlight to open its own cultivation site in Chisago County.

And The Smoking Tree, Loon Lab Extracts and Research (not to be confused with Loon Dispensary), and Fairwater Farm nabbed licenses to sell pot in the cities of Albert Lea, Isanti and Plainview respectively.

These five businesses not only cleared state hurdles but also went through the county and city approval process, more or less.

Jacob Schlichter, founder of the Smoking Tree, told MinnPost that he must still get final permission at a July 28 Albert Lea City Council meeting. But Schlichter described this step as a formality. He fully expects to open his shop in the coming weeks.

What is this I’m seeing about cannabis state lotteries?

In June, 249 applicants won a lottery held by the Office of Cannabis Management, including the aforementioned Lyndale Avenue Loon dispensary.

Each winner qualified for social equity status, whose criteria can include veteran status, being a victim of the war on drugs, or coming from a high-poverty area.

On Tuesday, the office held a second lottery with 75 winners out of 569 applicants, a pool that included applicants who did not qualify for equity status.

But winning these lotteries is just one step in the path toward a state license. Though city and county governments are not legally permitted to reject a pot business, they can put forth requirements, such as a store being a certain distance away from a school.

“Each municipality handles zoning differently,” Taubel acknowledged. “The county and city may only meet every month.”

The Cannabis Management interim director described a “checker board” of additional steps, including submitting to a criminal background check (While the state wants to help victims of stern drug possession laws, they do not want to assist convicted white-collar criminals) and a labor agreement that affords employees rights in exchange for no pickets, boycotts or strikes at the cannabis business.

Once lottery winners jump through these hoops, they can apply with the state for final approval.

So why weren’t recreational cannabis stores opened by 2025 at the latest?

Walz attributed delays in part to shifting leadership at the Office of Cannabis Management.  In January, one interim director, Charlene Briner, was replaced by another interim head, Taubel. And before Briner, there was a botched hire in 2023 that led to a review by the Office of the Legislative Auditor.

(Walz said of Taubel, “I think he’s done a fantastic job.” But the governor declined to say whether he will be named permanent director.)

The governor also said, “There really was not a model of how to do it,” adding that each of the 22 states preceding Minnesota in legalizing pot “have struggled to a certain degree.”

The model the state chose is also an unusual one.

“In Minnesota, the rollout has been a bit slower than in other states, which relied on incumbent medical marijuana dispensaries,” Fatehi said. “Minnesota created a framework to have a larger pool of applicants.”

That choice is now bearing fruit, Taubel said, as dozens of legal pot stores, many founded by entrepreneurs new to the industry, should come online by the end of the year.

One concern of some non-tribal businesses is that the tribes got too much of a headstart. Fatehi was skeptical of this line of thinking. But she did say early Minnesota retailers are likely to buy from tribal cultivators.

Another worry is that legal weed becomes too expensive. A state budget otherwise conspicuous in its absence of new revenue raised the cannabis tax from 10 percent to 15 percent.

Including state and local sales tax, customers will pay north of a 20 percent levy on each cannabis purchase.

“There is absolutely an enormous cause of concern that it is taxed too high,” Fatehi said.

Taubel defended the tax as “middle of the road” compared to other states. (It is a very long metaphorical road. Per the Tax Foundation, Connecticut has the lowest weed excise tax at 3 percent. Washington State sports the highest at 37 percent.)

“I’m a little suspect that the 5 percent increase will have substantial ripple effects,” Taubel said.

MinnPost reporter Brian Arola contributed to this story. 

This article first appeared on MinnPost and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License.

Photo courtesy of Mike Latimer.

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Bipartisan Coalition Of 32 Attorneys General Pushes Congress To Urgently Pass Marijuana Banking Bill

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A bipartisan coalition of 32 state and territory attorneys general from across the U.S. are calling on Congress to pass a marijuana banking bill to free up financial services access for licensed cannabis businesses.

In a letter sent to House and Senate leaders on Thursday— led by the attorneys general from Washington, D.C., Georgia, Maryland and Ohio—the officials said they want to see the Secure and Fair Enforcement Regulation (SAFER) Banking Act taken up this session.

“We are a bipartisan group of state and territorial attorneys general who, like you, have a strong interest in protecting the physical and economic wellbeing of our constituents while enabling economic growth and stability in our respective states,” the letter says. “We therefore urge Congress to advance this legislation, which will increase access to regulated banking and financial services for state-regulated cannabis businesses in jurisdictions that have legalized these businesses.”

“It is increasingly critical to move cannabis commerce into the regulated banking system. The majority of states and several territories have legalized some use of cannabis,” it says. “As more states continue to consider and implement legalization efforts, the lack of access to America’s financial system by cannabis businesses—which is a direct result of federal banking law—presents a considerable safety issue for the public.”

The officials stressed that, under current federal policy, many marijuana businesses are forced to operate on a largely cash-only basis, making them targets for crime and putting employees and customers “at greater risk.”

“Allowing access to the nation’s regulated banking system is crucial to public safety and to ensuring that lawful businesses in our states have access to regulated banking services,” they wrote.

The letter also states that the current lack of banking access for the cannabis industry makes tax collection and oversight more challenging, and the SAFER Banking Act “would help ensure that state governments do not forfeit hundreds of millions of dollars in tax revenue that the cannabis industry generates.”

However, despite the attorneys general saying at the top of the letter that they’re voicing support for the “SAFER Banking Act of 2025,” the bill has not yet been reintroduced this session, so it’s unclear whether any provisions might be changed from the prior version that died at the end of the last Congress.

“To address these challenges, we request that Congress advance the SAFER Banking Act or similar legislation. Congress should provide a safe harbor for depository institutions that provide a financial product or service to a covered business in a state that has implemented laws and regulation that ensure accountability in the cannabis industry. An effective safe harbor would bring billions of dollars into the banking sector, enabling law enforcement, federal, state, and local tax agencies, and cannabis regulators in the states and territories to more effectively monitor cannabis businesses and their transactions. Compliance with tax laws would be simpler and easier to enforce with the regulated tracking of funds in the banking system, resulting in higher tax revenues.”

“The SAFER Banking Act is common-sense, bipartisan, and will beneficially impact the safety of the nearly 75 percent of Americans who live in a state where cannabis has been legalized,” the letter concludes. “The bill respects both state sovereignty and the current status of cannabis at the federal level. It does not encourage legalization, nor does it facilitate cannabis sales in states that have chosen not to legalize it.”

“The SAFER Banking Act simply addresses the specific public policy challenges facing states in light of the federal prohibition on banking cannabis-related funds, and it does so in a way that will help move cash from legal cannabis businesses into the highly regulated banking system, where it will be more transparent to state regulators and law enforcement,” it says. “We look forward to working on this bipartisan issue with you.”

The other signatories on the letter are the attorneys general of Alaska, American Samoa, Arizona, California, Colorado, Connecticut, Delaware, Hawai’i, Illinois, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Northern Mariana Islands, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, U.S. Virgin Islands, Utah, Vermont, Washington and West Virginia.

“When legal cannabis businesses are forced to operate in cash, it’s not just inefficient–it’s dangerous,” Arizona Attorney General Kris Mayes (D) said in a press release. “The SAFER Banking Act is a practical solution that will protect workers and communities while ensuring Arizona can effectively collect taxes and oversee this growing industry.”

Michigan Attorney General Dana Nessel (D) said that, “By reducing the risk of crime and improving tax compliance through access to regulated financial services, the SAFER Banking Act has the ability to enhance both public safety and transparency.”

“With billions in revenue, giving cannabis businesses a secure place to bank isn’t just smart policy—it’s common sense,” she said.

Colorado Attorney General Phil Weiser (D), meanwhile, said he’s “been urging Congress to allow cannabis companies to access the commercial banking system for years because of the safety risks many cannabis companies take on simply to do business.”

“This commonsense reform will also make it easier for Colorado to oversee the industry, better protecting consumers, public safety, and public health,” he said.

Meanwhile, the Democratic Senate sponsor of the marijuana banking bill recently said that, despite efforts to coordinate meetings around the legislation, other priorities have taken precedence for now.

Asked about recent comments Sen. Bernie Moreno (R-OH)—the lead GOP sponsor of the SAFER Banking Act this session who told Marijuana Moment that he doesn’t expect the bill to come up until this fall—Sen. Jeff Merkley (D-OR) said, “Hopefully sooner than later in my mind.”

In January, the office of Rep. Dave Joyce (R-OH), who is again leading the effort on the House said, told Marijuana Moment that he would be filing the cannabis banking legislation this session but that its introduction was “not imminent” as some earlier reports had suggested.

A leading anti-marijuana group recently sounded the alarm about a possible attempt to put the cannabis banking measure in a cryptocurrency bill that was advancing on the Senate floor, but that didn’t come to fruition.

With Republicans in control of both chambers and key leadership positions filled by opponents of marijuana legalization, it’s been an open question about whether any cannabis reform legislation stands a chance of passage in the short-term. That’s despite the fact that President Donald Trump endorsed marijuana industry banking access, federal rescheduling and a Florida legalization initiative on the campaign trail. However, he’s been silent on the issue since taking office.

On the House side, a Republican lawmaker said in March he’s hopeful that Congress will be able to get a marijuana banking bill across “the finish line” this session, arguing that the current barriers to financial services for the industry represent a “second tier” of prohibition.

Cannabis industry banking challenges came up in several congressional hearings in March, including a Senate Banking Committee meeting on debanking where senators on both sides of the aisle addressed the lack of financial services access for marijuana businesses.

Meanwhile, in January congressional researchers released a report detailing the subject of debanking—while making a point to address how the marijuana industry’s financial services access problem “sits at the nexus” of a state-federal policy conflict that complicates the debate.

Separately, the Government Accountability Office (GAO) announced in December that it’s convening focus groups comprised of marijuana businesses to better understand their experiences with access to banking services under federal prohibition.


Marijuana Moment is tracking hundreds of 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 industry remains frustrated with the lack of progress on the cannabis banking issue under the last administration.

A Senate source told Marijuana Moment in December that Republican House and Senate leadership “openly and solely blocked” then-Senate Majority Leader Chuck Schumer’s (D-NY) attempt to include the bill in a government funding bill as the session came to a close.

Sens. Elizabeth Warren (D-MA) and Tommy Tuberville (R-AL) had challenged the idea that there was enough GOP support for the SAFER Banking Act to pass on the Senate floor during the lame duck session.

Warren accused certain Republican members of overstating support for the legislation within their caucus, while also taking a hit at Trump for doing “nothing” on cannabis reform during his time in office as he makes a policy pivot ahead of the election by coming out in support of the marijuana banking bill and federal rescheduling.

Sen. John Hickenlooper (D-CO) also recently argued in an interview with Marijuana Moment that the main barrier to getting the marijuana banking bill across the finish line is a lack of sufficient Republican support in the chamber. And he said if Trump is serious about seeing the reform he recently endorsed enacted, he needs to “bring us some Republican senators.”

Prior to becoming House speaker, Rep. Mike Johnson (R-LA) consistently opposed cannabis reform, including on incremental issues like cannabis banking and making it easier to conduct scientific research on the plant.

Meanwhile, on the one-year anniversary of a Senate committee’s passage of the SAFER Banking Act in September, the Congressional Budget Office (CBO) released an analysis on the economic impact of the reform, including the likely increase in federally insured deposits from cannabis businesses by billions of dollars once banks receive protections for servicing the industry.

Separately, the CEO of the financial giant JPMorgan Chase said recently that the company “probably would” start providing banking services to marijuana businesses if federal law changed to permit it.

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Killing reported at Oklahoma marijuana grow operation

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Judge rejects No Savage’s rap culture argument – NBC4 Washington

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Kentucky Governor Urges Trump To Oppose Bill Blocking Marijuana Rescheduling That’s Advancing In Congress

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New York cannabis board approves 52 new licenses, pushes total to 1,851

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Congressional Committee Pushes To ‘Eliminate’ Illegal Marijuana Grows And Tackle Money Laundering By Chinese-Linked Cannabis Operations

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Supreme Court Will Discuss Ban On Marijuana Users’ Gun Ownership In September

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Watch: £1m cannabis factory found in town’s old Woolworths store | News

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Texas cannabis legalization bill filed in hemp-focused special session (Newsletter: July 25, 2025)

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Alert: Department of Cannabis Control updates data dashboards with full data for 2023 

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Connecticut Appoints The US’s First Cannabis Ombudsperson – Yes there is a pun in there and I’m Sure Erin Kirk Is Going To Hear It More Than Once!

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Mississippi city official pleads guilty to selling fake CBD products

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Curaleaf Start Process Of Getting Their Claws Into The UK’s National Health System – With Former MP (Resigned Today 30/5/24) As The Front Man

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Horn Lake denies cannabis dispensary request to allow sale of drug paraphernalia and Sunday sales | News

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Local medical cannabis dispensary reacts to MSDH pulling Rapid Analytics License – WLBT

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Press Release: CANNRA Calls for Farm Bill to Clarify Existing State Authority to Regulate Hemp Products

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Nevada CCB to Accept Applications for Cannabis Establishments in White Pine County – “Only one cultivation and one production license will be awarded in White Pine County”

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Weekly Update: Monday, May 13, 2024 including, New Guide for Renewals & May Board meeting application deadline

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People In This State Googled ‘Medical Marijuana’ The Most, Study Shows

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PRESS RELEASE : Justice Department Submits Proposed Regulation to Reschedule Marijuana

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Thailand: Pro-cannabis advocates rally ahead of the government’s plan to recriminalize the plant

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Press Release: May 9, STIIIZY and Healing Urban Barrios hosted an Expungement Clinic & Second Chance Resource Fair

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