Federal law on the legalization of cannabis is proposed

Senate Majority Leader Chuck Schumer (D-NY), Chairman of the Senate Finance Committee, Ron Wyden (D-OR), and Senator Cory Booker (D-NJ) released the full text of their federal law to legalize marijuana called the Cannabis Administration and Opportunityun action. This extensive law is a whopping 163 pages and a public comment period is open until September 1st.

In general, the legislation aims to move cannabis, clear past records, fund stock programs, eliminate side effects, and move marijuana oversight to the Food and Drug Administration and other federal agencies. Only consumers over the age of 21 would be allowed to purchase legal cannabis and adults would be restricted to purchases of up to 10 ounces. The bill would also impose a federal tax on marijuana products and use a portion of that revenue for grant programs designed to support people from communities hardest hit by Prohibition who want to get involved in the industry.

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“The cannabis ban, a key pillar of the failed war on drugs, has caused significant damage to our communities and small businesses, and especially the colored communities,” said Wyden. “It’s that simple: Senators Booker, Schumer and I want to bring common sense to the federal government, end Prohibition and restore the lives of the most injured and prepare them for opportunities.”

Legislation proposes repealing cannabis at the federal level, overturning previous convictions, allowing people to file criminal charges, maintaining state authority to set their own marijuana policies, and abolishing side effects like immigration-related punishments for people because of the plant were criminalized.

The Coalition for Cannabis Policy, Education, and Regulation (CPEAR) said in a statement: “The draft demonstrates a commitment to ensure a fair national legal cannabis market with protection for the small and minority businesses that are critical to creating legal markets in States across the country.

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In addition to these points, the CAOA would delegate the regulatory agency for cannabis to the Food and Drug Administration (FDA), the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Alcohol and Tobacco Tax and Trade Bureau (TTB.) from the Drug Enforcement Administration (DEA).

“The days of the federal ban are numbered,” said NORML Executive Director Erik Altieri. “These actions by Senate Majority Leader Schumer and Senators Booker and Wyden reflect the fact that the overwhelming majority of Americans are calling for Congress to take action to end the cruel and futile policies of the federal ban. It is time for lawmakers to align federal law with the laws of the growing number of states that have legalized the plant, and it is time for lawmakers to facilitate a federal structure that enables the cannabis trade, making responsible consumers of high quality, inexpensive cannabis grown right here in America with no fear of arrest and imprisonment. “

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Dasheeda Dawson, Chair of the Cannabis Regulators of Color Coalition (CRCC) and Cannabis Program Supervisor at City of Portland OR, said, “The introduction of the Schumer, Wyden, and Booker Bill is the Senate’s first serious look at cannabis legalization, and I hope that the equity-centered political reforms and regulations cited by our members at the state and local levels will continue to shape this historic bill.

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Across the country, we have seen the positive effects of sharing our in-depth knowledge, statements, and proposed changes in line with the founding principles of our organization. As active stakeholders overseeing policy and implementation in the existing cannabis industry, CRCC will continue to actively work with the Senatorial teams, providing industry best practices and the cannabis literacy we have gained from our shared and diverse experiences. “

Controlled substance

One provision in the legislation is a requirement that the Attorney General remove cannabis from the Controlled Substances Act within 60 days of the Act coming into force. However, it still allows states to choose a ban if they wish. This would mean that it would still be nationwide for a company to send cannabis to a state that has opted for a ban. However, states may not appear to be able to prevent companies from shipping cannabis products across state lines to other states where cannabis is legal.

Nancy Whiteman, CEO of Wana Brands, said, “Federal decriminalization would also allow manufacturing and then shipping across state lines, which would greatly benefit brands like Wana. Supply chains are becoming more efficient and cost-effective as plants are grown in a suitable outdoor climate and other materials can be sourced across markets. For a company like Wana, this means that we would be able to manufacture and ship from regional or national locations instead of recreating the bike in each market. “

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All government agencies would intervene. The Bureau of Labor Statistics would begin compiling data on jobs and employers. The U.S. Department of Health (HHS) would need to work with the National Institutes of Health (NIH) to promote cannabis research. HHS would also work with the US Department of Transportation (DOT) on data collection for driving with marijuana impairment, while supporting research on “an impairment standard for driving while under the influence of cannabis.”

Feedback

The public has until September 1 to comment on the language of the bill. Marihuana Moment drilled down to summarize the key points for feedback:

• Measuring the effectiveness of cannabis products, overlapping definitions for hemp and marijuana, regulations for synthetic THC, regulatory responsibilities for various federal agencies, and FDA funding.
• Coordinate state and federal law enforcement duties for cannabis, state “cannabis regulation precedence” and interstate trade.
• Balancing efforts to break down barriers to entry into the marijuana industry while reducing the influence of illegal cannabis operators.
• Determine whether cannabis products should undergo a premarket review prior to marketing.
• Dealing with international treaty obligations related to marijuana.

Interested parties are encouraged to send comments on these and other topics to Cannabis_Reform@finance.senate.gov by September 1st.

Next Steps

The Senators’ bill was based in part on a bill passed by the House of Representatives in December. It contained similar language that would waive some federal penalties, provide some form of cancellation, and address social justice issues. Voting in the House of Representatives at the time was mostly split by party lines and very few Republicans voted for the bill. It seems like extinction is a sticking point for many Republicans. The likelihood that this bill will win the Senate vote is slim. Even Schumer said it was just a starting point to start the conversation.

“We would certainly listen to some suggestions if that brings more people on board,” said Schumer. “That doesn’t mean we’re going to ditch things like deleting records – very important to us – and other things like that just because some people don’t like it.”

This article originally appeared in the Green Market Report and was republished with permission.