Congress Proposes Marijuana Protections For Immigrants, Advertisers And Banks

Fiscal Year 2023 spending bills for the Department of Homeland Security (DHS), Financial Services and General Government (FSGG) the and U.S. Agriculture Department (USDA) are proposing a number of new cannabis policy changes, reported Marijuana Moment.

The updated Congress bill contains new regulations about protections for immigrants who use cannabis, freeing up marijuana-related advertising and providing the cannabis industry with access to the banking system. Also, there are provisions concerning hemp.

But Are Immigrants Protected As Cannabis Users?

“No Federal funds may be used by the Department of Homeland Security to deny any benefit application for admission, or protection available to an individual under the Immigration and Nationality Act on the sole basis of any event, conduct, finding, admission, history of a substance use disorder, arrest, or juvenile adjudication related to cannabis possession, consumption, or use, or to a conviction solely based on such possession, consumption, or use,” the bill reads.

According to a 2019 memo published by the US Citizenship and Immigration Services (USCIS), employment in a legal marijuana market in the state is a factor that could affect a person's immigration status.

However, in this current session, it appears that immigrants working in the commercial marijuana market remain legally unprotected.

Cannabis Ads

Regarding cannabis advertising, a new section was included in the FSGG bill. It states that the Federal Communications Commission (FEC) cannot use federal funds to penalize TV or radio broadcasters for airing weed ads in jurisdictions where cannabis-related products are allowed.

“Notwithstanding section 421 of the Controlled Substances Act, or any other provision of law, none of the funds made available in this Act to the Federal Communications Commission may be used, with respect to the authorization for radio or television stations, to deny, fail to renew for a full term or condition the authorization, decline to approve an application for authority to assign the authorization or transfer direct or indirect control of the licensee, require an early renewal application, or impose a forfeiture penalty because the station broadcast or otherwise transmitted advertisements (a) of a business selling cannabis or cannabis-derived products, the sale or distribution of which is authorized in the State, political subdivision of a State, or Indian country in which the community of license of a station is located, or (b) of a business selling hemp, hemp-derived CBD products or other hemp-derived cannabinoid products,” the FSGG bill reads.

Provisions For Hemp And Financial Institutions 

FSGG proposal on the spending bill includes language to safeguard financial institutions that work with state-legal marijuana or hemp businesses.

“None of the funds made available in this Act may be used to penalize a financial institution solely because the institution provides financial services to an entity that is a manufacturer, a producer, or a person that participates in any business or organized activity that involves handling hemp, hemp-derived cannabidiol products, other hemp-derived cannabinoid products, marijuana, marijuana products, or marijuana proceeds, and engages in such activity pursuant to a law established by a State, political subdivision of a State, or Indian Tribe. In this section, the term ‘State’ means each of the several States, the District of Columbia, and any territory or possession of the United States,” the proposal reads.

In addition, the appropriations bill that allocates funding for USDA said that the department cannot use federal dollars to interfere in the processing, transportation or sale of hemp, which was federally legalized under the 2018 Farm Bill.
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