[Congressional Record Volume 162, Number 21 (Thursday, February 4, 2016)]
[Extensions of Remarks]
[Page E122]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 INTRODUCTION OF MARIJUANA ADVERTISING IN LEGAL STATES ACT OF 2016 OR 
                       THE ``MAILS'' ACT OF 2016

                                 ______
                                 

                          HON. EARL BLUMENAUER

                               of oregon

                    in the house of representatives

                       Thursday, February 4, 2016

  Mr. BLUMENAUER. Mr. Speaker, today, I am introducing the Marijuana 
Advertising in Legal States Act of 2016 or the ``MAILS'' Act, which 
creates an exception to the Controlled Substances Act to allow for the 
written advertisement of an activity, involving marijuana, if it is in 
compliance with state law.
  the last few years, voters in Oregon, Washington, Colorado and Alaska 
overwhelmingly approved initiatives to legalize the adult use and sale 
of marijuana. Additionally, 23 states, the District of Columbia and 
Guam have legalized full medical marijuana programs, and 17 more states 
have approved more limited medical marijuana programs. In many of these 
states, state-approved dispensaries are up and running, bringing the 
industry out of the shadows of the black market and creating a safe, 
regulated system in much of America.
  Despite this progress, marijuana remains stuck in the past as a 
Schedule I substance at the federal level. Recognizing this 
discrepancy, the Obama Administration issued a memorandum in 2013 which 
explained that so long as certain enforcement criteria were met, 
federal law enforcement would not interfere with state legal marijuana 
activity. Congress then followed suit and barred the Department of 
Justice from expending resources in contravention of state medical 
marijuana laws.
  According to the Controlled Substances Act (CSA), it is unlawful for 
anyone to place an advertisement for a Schedule I substance, including 
a medical marijuana product, in any newspaper, magazine, handbill or 
other publication even if that activity is legal under state law. This 
creates a confusing reality in states where marijuana is legal for 
marijuana businesses that seek to advertise in local newspapers, as 
well as for the many newspapers around the country that rely on 
advertising revenue.
  In December 2015, the United States Postal Service (USPS) declared 
that it is illegal to mail any items, including newspapers, which 
contain advertisements offering to buy or sell marijuana, even if in 
compliance with a state law.
  Small businesses and community newspapers rely on USPS to reach their 
customers and the USPS policy could have the effect of stopping all 
written marijuana advertisements in states that have already made the 
decision to legalize marijuana. This contradicts the will of the voters 
in these states as well as recent directives from the Obama 
Administration and Congress.
  There are certainly important questions that need to be answered 
about how to best regulate marijuana and advertisements, to ensure it 
does not get in the hands of children and that it is delivered in a 
safe, regulated system. It is not the job of USPS to answer these 
questions. Until we can change the way that marijuana is treated at the 
federal level to allow the federal government to be a constructive 
partner in answering these questions, this legislation will help to 
ensure that they stay out of the way.

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