Should Marijuana be Regulated by States & Not Available to Individuals Under Age 21? (S. 1028)

What is S. 1028?

(Updated March 11, 2021)

This bill — known as the STATES Act — would allow states, territories, the District of Columbia, and federally recognized tribes to regulate marijuana as they see fit. It would prohibit the sale or distribution of marijuana to individuals under the age of 21 or at transportation safety facilities (like rest areas or truck stops). Additionally, it would clarify that compliant marijuana-related financial transactions don’t constitute trafficking, thus enabling marijuana businesses to access banking services.

The bill would remove industrial hemp from the Controlled Substances Act’s list of controlled substances. The Controlled Substances Act’s prohibitions on endangering human life while manufacturing marijuana and employing individuals under age 18 in drug operations would be maintained.

The bill’s full title is the Strengthening the Tenth Amendment Through Entrusting States Act.

Argument in favor

This commonsense, bipartisan bill ensures that each state is able to use its rights under the Tenth Amendment to regulate marijuana while preventing marijuana from being sold to people under 21 years of age or at transportation safety facilities like rest areas or truck stops.

Argument opposed

The federal government shouldn't allow states to normalize the use of marijuana, which is a dangerous gateway drug. It needs to enforce laws designed to protect the public health. Alternatively, marijuana should be available to adults age 18 and up.

Impact

Individuals who would use marijuana; states, territories, tribes, and the District of Columbia; and the federal government.

Cost of S. 1028

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sponsoring Sen. Elizabeth Warren (D-MA) reintroduced this bill from the 115th Congress to ensure that each state has the right to determine for itself the best approach to marijuana within its borders: 

“Our federal marijuana laws are outdated and pose a threat to our public health and safety. Marijuana should be legalized, and we must reverse the harm of these failed policies by wiping clean the records of those unjustly jailed for minor marijuana crimes. Congress should take immediate action on these important issues by passing the bipartisan STATES Act and protecting states, territories, and tribal nations as they implement their own marijuana laws without federal interference.”

When she introduced this bill in the 115th Congress, Sen. Warren framed it as an effort to protect states’ rights to legalize and regulate marijuana:

“Outdated federal marijuana laws have perpetuated our broken criminal justice system, created barriers to research, and hindered economic development. States like Massachusetts have put a lot of work into implementing common sense marijuana regulations -- and they have the right to enforce their own marijuana policies. The federal government needs to get out of the business of outlawing marijuana.”

Last Congress, original cosponsor Sen. Cory Gardner (R-CO) added:

“In 2012, Coloradans legalized marijuana at the ballot box and the state created an apparatus to regulate the legal marijuana industry. But because of the one-size-fits-all federal prohibition, state decisions like this put Colorado and other states at odds with the federal government. The federal government is closing its eyes and plugging its ears while 46 states have acted. The bipartisan STATES Act fixes this problem once and for all by taking a states’ rights approach to the legal marijuana question. The bipartisan, commonsense bill ensures the federal government will respect the will of the voters -- whether that is legalization or prohibition -- and not interfere in any states’ legal marijuana industry.”

During a Senate Appropriations Committee hearing in April 2019, Attorney General William Barr expressed support for this bill over the status quo, while still expressing a preference for a uniform federal rule against marijuana:

“Personally, I would still favor one uniform federal rule against marijuana, but if there is no sufficient consensus to obtain that, then I think the way to go is to permit a more federal approach so states can make their own decisions within the framework of federal law, so we’re not just ignoring the enforcement of federal law.”

"The National Congress of American Indians (NCAI) strongly advocates for the recognition of tribal sovereignty and inclusion of tribal governments in national legislation. We appreciate the re-introduction of the STATES Act, which would bring certainty in federal law for tribal nations as separate jurisdictions. Tribal nations, as sovereign governments, and in the spirit of self-determination, must be able to make independent  decisions about their own economic, cultural, and social futures at the local, tribal level.”