A litany of comments made by White House Press Secretary Sean Spicer, Attorney General Jeff Sessions, and many other Tump administration officials have sent tremors through the cannabis industry in the weeks since Trump’s January inauguration.
Most alarming to many cannabis industry stakeholders was the administration’s uncertain position on state-legal cannabis programs. True to form, Press Secretary Sean Spicer predicted, “greater enforcement” of the Controlled Substances Act in recreational states under the Trump administration during a press conference two weeks ago. More recently, Attorney General Jeff Sessions reportedly reassured some GOP senators that he will not be moving away from Obama-era deference to state-legal cannabis programs. To many invested in the marijuana industry, however, Sessions’ statement is cold comfort coming from an Attorney General who harbors an irrational hatred of cannabis and intends to enforce existing federal drug laws to the letter.
Nevertheless, a glimmer of silver lining shines from the House of Representatives hopper for Democrats in the form of HR 1227 or the Ending Federal Marijuana Prohibition Act of 2017. The bill, introduced by Congressman Tom Garrett (R-VA), is co-sponsored by congressional Democrats Tulsi Gabbard of Hawaii and Peter Welch of Vermont. This law would de-schedule cannabis from the Controlled Substances Act and allow for states to self-regulate their own cannabis programs.
If passed, the Act would be an unprecedented win for the cannabis industry as a whole and fundamentally change the landscape of legal cannabis in the United States. Here are the details:
What would HR 1227 do? Essentially, the Act would remove cannabis from Schedule I of the Controlled Substances Act (CSA). This is distinct from hints from the Drug Enforcement Administration in 2015 that it might consider re-scheduling cannabis from Schedule I to Schedule II of the CSA. Though de-scheduling cannabis would allow state marijuana programs to carry on essentially unfettered, re-scheduling could introduce new obstacles akin to those that other fledgling and experimental drugs must overcome.
What wouldn’t HR 1227 do? HR 1227 will not give blanket permission for transferring cannabis across state lines; states would be free to prohibit shipments of cannabis to and from their own jurisdictions. The bill also would not override state-level regulations that set standards for licensure, labeling, and purity. The status quo of state cannabis laws would therefore persist, but against a far less draconian backdrop of federal criminal law.
What are the bill’s prospects in 2017? Not great, unfortunately, but it is not all its fault. Congress has a lot on its plate this session – including still-pending confirmations of several presidential appointees – and cannabis reform is just not a high priority for lawmakers on either side of the aisle. Prospects for meaningful cannabis reforms on the federal level are dim under a unified Republican government absent an ideological shift. At least in the short term.
Why does this sound so familiar? The bill is identical to the Ending Federal Marijuana Prohibition Act of 2015 introduced by Senator Bernie Sanders (I-VA). The 2015 bill was a hit among Sanders’ core supporters at the time but it failed to gain any significant traction in Congress.