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.