If Mitch McConnell doesn’t support it, is the Republican marijuana legalization bill DOA?

This article originally appeared on Cannabis.net and was republished with permission.

The other day I wrote about the Biden government wasting its cannabis ace, which is reflected in cannabis stocks and the apparent loss of confidence in the Democratic Party on legalization issues.

It seems Republicans have been paying attention too, and as a result, a Republican-sponsored pro-cannabis bill has brought the value of cannabis stocks to the public since the document was released.

Photo by Samuel Corum / Getty Images)

It’s no secret that the Democrats have been pushing major cannabis reform for quite some time, but they didn’t have the Republican vote for several reasons. Some of these reasons are because the bills are too far-reaching and large (according to Republicans), which makes some of the Republican base a little uncomfortable.

If a Republican freshman introduces it to the Senate and without Mitch McConnell’s support, is the law dead in the water? We shall see, but be careful when taking financial steps if you think this law is sure to be passed.

Especially since Republicans think they want a small government (at least in theory). The bill, sponsored by MP Nancy Mace (R-SC), is called the States Reform Act, which balances state rights and business interests and includes some of the social reforms that the democratic bills seek to correct.

RELATED: A Deep Dive into the States Reform Act, the Cannabis Legalization Act Everyone Is Talking About

The reason this bill is important is because it is sponsored by the Republicans, which means that the very factor that the Democrats have been fighting over the past few years can potentially come to a resolution.

Let’s take a look at what the bill currently looks like. It’s important to note that this is still floating around and receiving feedback before it’s officially released later this month.

Foundations of the Republican Sponsored Bill

Here’s what the Republican bill aims to achieve;

• Cannabis is to be removed from the Narcotics Act and would be treated in a similar way to alcohol.
• 3.75% excise tax would be levied on cannabis sales to provide support for grant programs that would focus on community re-entry, law enforcement, and small business management assistance for newly admitted businesses.
• The Treasury Department, which currently regulates alcohol and tobacco, would also be the main regulatory agency for cannabis, particularly with regard to international trade.
• The FDA would be limited in its authority, except when it comes to medical cannabis. They could essentially propose serving sizes, certify government medical cannabis products, but not ban any of the product derivatives, be it for medicine, recreational, nutritional supplements, food, beverages, etc.
• Raw cannabis would be considered an agricultural good and would be regulated by the Department of Agriculture
• All current cannabis license holders would be incorporated into the federal system to ensure that patients would not be disturbed.
• While federal agencies are constructing the framework for legalization, these companies, as well as consumers, would be protected until everything is in place.
• People with non-violent cannabis convictions would have the right to have their criminal records deleted.
• The age limit for cannabis use would be raised to 21 to discourage teenagers from using it, which would also affect cannabis advertising.
• SBA would treat cannabis in the same way as other industries.
• Veterans cannot be discriminated against for cannabis use and veterans hospitals are allowed to prescribe cannabis.
• Federal agencies could continue to run drug tests for cannabis
• The Bureau of Labor Statistics should issue a report on the cannabis industry.

While this is only the tip of the iceberg, we see a very sensible approach to legalization that would appeal to both Democrats and Republicans. All of these points are of course subject to change, and since the first fore issues are being discussed among other sponsors, we could see that a very different bill is in place.

Nevertheless, let’s analyze what we know so far.

A law that appeals to both sides

The bipartisan appeal has been the main issue with legalizing cannabis, and while the MORE Act has some strengths – the social justice aspect of the bills usually keeps Republicans from getting on board.

As you can see, there is minimal “social justice” when it comes to Republican law. It seems to care much more about states, small and medium-sized businesses, and the end user. In the democratic bills we see that much of it is devoted to “removing the negative effects of the drug war” in order to reverse the injustices that have negatively affected a large part of the population.

RELATED: Convincing Mitch McConnell to Endorse Legal Weed Is Still the Only Way It Happens

From an ethical standpoint, this is probably the best, but it does pose a problem as it is a sense of positive action. When you say, “x% of the licenses must go to people of color”, you are creating a system in which the best candidate may not be eligible because of his or her skin color.

Photo by Kevin Dietsch / Getty Images

On the other hand, if Republicans were to try to legalize cannabis in a manner similar to alcohol, it would mean that cannabis licensing arrangements could be severely curtailed. It would no longer require those “heavy” requirements and high price tags that we currently see in licensing and regulatory compliance.

RELATED: No, President Biden cannot legalize or move weed, even with an executive order

Personally, I think that reducing licensing and providing “grants” to the disenfranchised would actually have a greater effect than forcibly inducing the industry to favor a group of people just because of the facility’s past crime.

It is much better to get their criminal records removed and create a grant system that allows entrepreneurs to stand up in their communities.

In addition, the 3.9% excise duty seems very reasonable and most companies would find that it would only add marginally to operating costs, most of which would be outsourced to the consumer one way or another.

RELATED: Mitch McConnell is Still the Capitol Hill Cannabis Grim Reaper

While this bill is in its infancy, if it gains momentum – and it seems the cannabis industry is smiling at the sound of it – we can possibly see a Republican bill crossing the finish line.

If that is the case, then the Democrats would have screwed up legalization, especially since they held a majority in Congress and the Senate. Doubling COVID mandates and ignoring cannabis reform could even cost her the presidency in 2024.

Hopefully we won’t see Trump against Biden in 2024. If so, the US has not learned its lesson and will have to repeat another four years of disenfranchisement. One thing is certain: the delay in legalization did not help the DP’s cause.