DENVER (CBS4)– Colorado Sen. Cory Gardner says even though his marijuana banking amendment to the First Step Act has been blocked, he will continue to fight for states’ rights. Gardner had introduced the proposal to allow the marijuana industry to open bank accounts.

Gardner, a Republican and Colorado’s junior senator, attached the proposal as an amendment to a criminal justice bill.

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A federal representative of the marijuana industry says allowing the businesses to participate in the federal banking system would solve a lot of problems.

Gardner vowed to continue to fight for states rights, “I’m trying to create a debate so we can address the conflict between state and federal law.”

He said that he wants to fix the inconsistency between federal and state law and that 95 percent of the U.S. population lives in a state where some form of marijuana is legal.

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“Every day Coloradans follow in good faith, Colorado law to a tee, yet they are still criminals in the eyes of the federal government. Cancer patients using medical marijuana to control their pain, veterans who are using marijuana to alleviate post-traumatic stress disorder they suffer because they served their country. Federal law says they are criminals even though they are perfectly legal and within their right under state law.”