The State of Federal Cannabis Legalization in the United States

As majority leader, I can set priorities. This is a priority for me.” - Chuck Schumer (D- NY)

Could 4/20 in 2022 be the year that cannabis is federally legalized? Recently, Senate Majority Leader Chuck Schumer (D- NY) announced at a February 4th press conference, that he is aiming to file a bill to federally legalize cannabis marijuana in April. There is also House Judiciary Committee Chairman Jerrold Nadler (D-NY), who also spoke at that same press conference, and discussed progress on his separate legalization bill.

In a tweet posted by Chuck Schumer (D-NY), he states:

I stood with an extraordinary group of organizers, advocates, and legislators to renew our work in the Senate for comprehensive federal marijuana legalization. We need to bring the spirit of New York’s groundbreaking legalization and address the wrongs of the War on Drugs.

We have been here before, hearing about plans, and seeing bills introduced that seem to fail repeatedly. This time, the intent seems to be strong with target dates and support from Republicans, whom Schumer (D-NY) invites to add to the bill:

Any senators have other ideas that they want to add to the bill, as long as it keeps social and economic justice as the spearhead, we’re happy and willing to listen.

THE CANNABIS ADMINISTRATION AND OPPORTUNITY ACT

The Cannabis Administration and Opportunity Act (CAOA) was unveiled in 2021 by Senators Chuck Schumer, Cory Booker, and Ron Wyden. It’s a comprehensive bill holding 163 pages, with the focus on main factors such as:

Remove marijuana and THC from the Controlled Substances Act. Transfer agency jurisdiction over cannabis from the Drug Enforcement Administration to the Food and Drug Administration, Alcohol and Tobacco Tax and Trade Bureau, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Permit the movement of cannabis products through the channels of interstate commerce, regardless of whether the channels are located in a state where cannabis is legal or illegal.

Impose federal excise tax on the sale of cultivated marijuana – 10% of the removal price for the first year followed by annual increases up to 25% over the next three years. (Removal price is the price of the sale from cultivator to any third party.) Establish a trust fund and transfer the greater of either $10 million or 10% of the annual excise tax collected on cannabis. The fund will be managed by the Small Business Administration to be used for loans to women and historically socially and economically disadvantaged individuals to be used in connection with the recipient’s cannabis business. Establish and conduct a study into the impacts of driving under the influence of marijuana. Establish and conduct a study into the impacts of cannabis use on the human brain and the efficacy of cannabis use for medical purposes. Promulgate federal advertising regulations to avoid marketing to children and young adults. Provide funding to states to be used in connection with expungement proceedings for those convicted of state-level marijuana crimes.

It’s important to note that this bill doesn’t force/require states to legalize cannabismarijuana.

THE MARIJUANA OPPORTUNITY, REINVESTMENT AND EXPUNGEMENT (MORE) ACT

Another bill introduced for cannabismarijuana legalization is the MORE ACT. In May 2021, Rep. Jerrold Nadler (D-NY) reintroduced the MORE Act in the House of Representatives (it was introduced in 2020 but didn’t advance in the Senate). The MORE Act is set to:

End the criminalization of cannabis for adults by removing it from the list of controlled substances. Eliminate related criminal penalties. Take several other major steps toward criminal justice reform, social justice, and economic development. The MORE Act would create the Office of Cannabis Justice to oversee the social equity provisions in the law. The bill would ensure the federal government could not discriminate against people because of cannabis use, including earned benefits or immigrants at risk of deportation. The measure would open the door to research, better banking and tax laws, and help fuel economic growth as states are looking for financial resources.

CLOSING- WILL CANNABIS BE FEDERALLY LEGALIZED IN 2022?

Many of us feel that 2022 will not be the year of legalization. Chief Correspondent, John Schroyer says that his sources report:

The federal marijuana reform landscape in 2022 is cloudy, with most national insiders doubting a comprehensive legalization bill will succeed just yet given the unfavorable political dynamics in Washington DC. Rather, if the U.S. marijuana industry is going to score legislative victories in Congress, they likely will be smaller but notable steps forward, such as the possible passage of the SAFE Banking Act or other federal reforms.

Some of the factors impacting federal legalization are:

President Joe Biden’s administration has been lukewarm at best when it comes to marijuana. The ongoing coronavirus pandemic remains a major focus in official Washington. The upcoming midterm elections will increasingly demand lawmakers’ attention.

They say the best chance for legalization is the Cannabis Administration and Opportunity Act (CAOA), which many predict will be released on the unofficial (yet so official) marijuana holiday- 4/20.

For this bill to pass, it needs the support of every Democrat, and 10 Republicans.