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HJR 21: Urging the federal government to respect previous federal guidance on marijuana policy; and urging the federal government not to interfere in state marijuana policy.

00                       HOUSE JOINT RESOLUTION NO. 21                                                                     
01 Urging the federal government to respect previous federal guidance on marijuana                                         
02 policy; and urging the federal government not to interfere in state marijuana policy.                                   
03 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
04       WHEREAS art. I, sec. 22, Constitution of the State of Alaska, establishes a right to                            
05 privacy, stating "The right of the people to privacy is recognized and shall not be infringed.";                        
06 and                                                                                                                     
07 WHEREAS the Alaska Supreme Court held in Ravin v. State, 537 P.2d 494, 511                                            
08 (Alaska 1975), that there is "no adequate justification for the state's intrusion into the citizen's                    
09 right to privacy by its prohibition of possession of marijuana by an adult for personal                                 
10 consumption in the home . . . ."; and                                                                                   
11       WHEREAS the citizens of the state voted to legalize marijuana by way of Ballot                                  
12 Measure No. 2, an "Act to tax and regulate the production, sale, and use of marijuana," on                              
13 November 4, 2014; and                                                                                                   
14 WHEREAS the United States Department of Justice issued a memorandum on                                                
15 "Guidance Regarding Marijuana Enforcement" (Cole Memo) on August 29, 2013, and the                                      
16 United States Department of the Treasury issued related guidance on the "Bank Security Act's                            
01 Expectations Regarding Marijuana-Related Businesses" (FIN-2014-G001 Memo) on                                            
02 February 14, 2014, which provide the foundation for state regulatory systems on marijuana                               
03 and are vital to the ability of states to maintain control over marijuana; and                                          
04 WHEREAS the FIN-2014-G001 Memo clarifies how financial institutions can                                               
05 provide services to marijuana-related businesses consistent with their obligations under the                            
06 Bank Security Act and aligns the information provided by financial institutions in the Bank                             
07 and Security Act reports with federal and state law enforcement priorities; and                                         
08 WHEREAS the Cole Memo establishes that the federal government should focus on                                         
09 certain priorities with respect to marijuana enforcement, including preventing the distribution                         
10 of marijuana to minors, preventing revenue from the sale of marijuana from going to criminal                            
11 enterprises, gangs, and cartels, preventing the diversion of marijuana from states where it is                          
12 legal under state law in some form to other states, preventing the state-authorized marijuana                           
13 activity from being used as a cover or a pretext for the trafficking of other illegal drugs or                          
14 other illegal activity, preventing violence and the use of firearms in the cultivation and                              
15 distribution of marijuana, preventing drugged driving and the exacerbation of other adverse                             
16 public health consequences associated with marijuana use, preventing the growing of                                     
17 marijuana on public land and the attendant public safety and environmental dangers posed by                             
18 marijuana production on public land, and preventing marijuana possession or use on federal                              
19 property; and                                                                                                           
20 WHEREAS the state has implemented regulations under 3 AAC 306 that respect and                                        
21 maintain the federal priorities delineated in the Cole Memo; and                                                        
22 WHEREAS overhauling the Cole Memo would result in economic disruption and                                             
23 unintended and harmful consequences that would be detrimental to achieving the priorities                               
24 listed in the Cole Memo;                                                                                                
25 BE IT RESOLVED that the Alaska State Legislature urges the federal government to                                      
26 respect the guidance prescribed in the Cole Memo and the FIN-2014-G001 Memo, and                                        
27 forbear any federal interference in marijuana policy of states where marijuana has been                                 
28 legalized, in keeping with the federal enforcement priorities enumerated in the Cole Memo.                              
29 COPIES of this resolution shall be sent to the Honorable Donald J. Trump, President                                   
30 of the United States; the Honorable Jeff Sessions, Attorney General of the United States; and                           
31 the Honorable Lisa Murkowski and the Honorable Dan Sullivan, U.S. Senators, and the                                     
01 Honorable Don Young, U.S. Representative, members of the Alaska delegation in Congress.