[Congressional Record Volume 162, Number 21 (Thursday, February 4, 2016)]
[Senate]
[Pages S671-S672]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WYDEN (for himself, Mr. Merkley, and Mrs. Murray):
  S. 2504. A bill to amend the Controlled Substances Act to allow for 
advertising relating to certain activities in compliance with State 
law; to the Committee on the Judiciary.
  Mr. WYDEN. Mr. President, today I am introducing the Marijuana 
Advertising In Legal States Act to allow small businesses and 
newspapers in States that have legalized marijuana to advertise 
marijuana products.
  In 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 passage of these state laws, marijuana remains stuck in the 
past as a Schedule I substance according to the Federal Controlled 
Substances Act, CSA. This designation means it is a felony to 
distribute, possess or consume it. Recognizing this discrepancy, the 
Obama administration issued a memorandum in 2013 which held: so long as 
certain enforcement criteria were met, Federal law enforcement entities 
would not interfere with legal state marijuana activity. Congress then 
followed suit and barred the Department of Justice from expending 
resources in contravention of state medical marijuana laws.
  However, since marijuana is designated as a Schedule I substance, 
according to Federal law it is still unlawful for anyone to place an 
advertisement for marijuana, 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 legally conflicted 
reality in States, like Oregon, where marijuana is legal for those 
marijuana businesses that seek to advertise in local newspapers, as 
well as for the many newspapers around the country that rely on 
advertising revenue.
  Further complicating the matter, the United States Postal Service, 
USPS, recently declared that it is illegal to mail any items, including 
newspapers, which contain advertisements offering

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to buy or sell marijuana, even if the marijuana-related activity is in 
compliance with a state law. The USPS stated that if it uncovers any 
items deemed to be ``non-mailable,'' it would report the item to the 
Postal Inspection Service, which would refer it to a law enforcement 
agency for investigation. Despite the 2013 Obama administration memo 
indicating Federal law enforcement would not interfere, these 
businesses are concerned. Small businesses and community newspapers 
rely on the USPS to reach their customers, especially in rural areas. 
The USPS policy could have the effect of stopping all written marijuana 
advertisements in states that have already made the decision to 
legalize marijuana, which would be a blow to newspapers and small 
businesses that are already struggling financially.
  My proposal would create a narrow exception in CSA to allow for the 
written advertisement of an activity, involving marijuana, if it is in 
compliance with State law.
  I am pleased to be joined on this bill by my colleague from Oregon 
Senator Jeff Merkley who has worked closely with me over the years to 
ensure that the decision that Oregon voters made at the polls is 
respected by the Federal Government.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to printed 
in the Record, as follows:

                                S. 2504

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Marijuana Advertising in 
     Legal States Act of 2016'' or the ``MAILS Act''.

     SEC. 2. AMENDMENT.

       Section 403(c)(1) of the Controlled Substances Act (21 
     U.S.C. 843(c)(1)) is amended by adding at the end the 
     following: ``This paragraph does not apply to an 
     advertisement to the extent that the advertisement relates to 
     an activity, involving marihuana, that is in compliance with 
     the law of the State in which that activity takes place.''.
                                 ______