Responsibly Addressing the Marijuana Policy Gap Act of 2019 2019-02-07 Introduced in Senate Responsibly Addressing the Marijuana Policy Gap Act of 2019

This bill removes federal restrictions on, and creates new protections for, marijuana-related conduct and activities that are authorized by state or tribal law (i.e., state-authorized).

Among other things, the bill does the following:

  • eliminates regulatory controls and administrative, civil, and criminal penalties under the Controlled Substances Act for state-authorized marijuana-related activities;
  • allows businesses that sell marijuana in compliance with state or tribal law to claim certain federal tax credits and deductions;
  • eliminates restrictions on print and broadcast advertising of state-authorized marijuana-related activities;
  • creates protections for depository institutions that provide financial services to marijuana-related businesses;
  • specifies that a marijuana-related business is entitled to federal bankruptcy protections;
  • establishes a process to expunge criminal records related to certain marijuana-related convictions;
  • reestablishes federal student aid eligibility for certain students convicted of a misdemeanor offense for marijuana possession;
  • exempts real property from civil forfeiture due to state-authorized marijuana-related conduct;
  • prohibits the inadmissibility or deportability of aliens for state-authorized marijuana-related conduct;
  • specifies that drug-related criminal activity, which is prohibited in federally assisted housing, does not include state-authorized marijuana-related conduct;
  • establishes a new, separate registration process to facilitate medical marijuana research;
  • authorizes health care providers employed by the Department of Veterans Affairs to recommend participation in state marijuana programs; and
  • authorizes medical providers through an Indian health program to make medical recommendations regarding marijuana.
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