GOP shifts on legalizing cannabis
Efforts to legalize cannabis have largely been the work of Democrats, with Republicans usually leading the efforts to prevent it. That dynamic appears to finally be changing today with the introduction of the States Reform Act, or SRA.
Introduced by Rep. Nancy Mace, R-S.C., and co-sponsored by five other Republican representatives from across the country, SRA proposes an end to the federal prohibition of cannabis while allowing states to maintain their right to decide its legal status within their own borders. (Full disclosure: We provided policy support for lawmakers as they crafted the bill.)
Prior to SRA, most of the efforts nationwide to push cannabis reform were led by Democrats — most recently the introduction of the Cannabis Administration and Opportunity Act in July. It proposes descheduling cannabis from the list of banned substances and regulating the legal use of cannabis products across the nation, and is cosponsored by Senate Majority Leader Chuck Schumer, D-N.Y., and Sens. Cory Booker, D-N.J., and Ron Wyden, D-Ore. California passed legislation allowing medical use of cannabis in 1996 and legalized adult recreational use in 2016. But despite bold leadership from a host of Democratic lawmakers and a supermajority of Americans — roughly 70% — who support cannabis legalization, efforts in Congress have encountered numerous obstacles from Republicans.
Traditionally, Republicans have pushed back on cannabis reform with concerns over youth use and a failure to respect states’ rights to regulate use of intoxicants within their borders. The SRA provides answers to both issues. It ensures a nationwide minimum adult-use age of 21, prevents advertising to young Americans and provides setaside funds for the Substance Abuse and Mental Health Services Administration to help prevent youth dependency. States will choose how cannabis is legal within their borders, full stop.
For decades, Americans have disagreed on what the best approach is to regulating a plant that is both a cash crop and a medical compound. Some believe that it should only be treated as a pharmaceutical regulated by the Federal Drug Administration under the strictest standards, while others see potential in industrial and adult uses of cannabis products in addition to its medical value. The comprehensive reform structure of SRA appeals to a wide variety of stakeholders, including industry, advocates, evangelists and skeptics.
For example, public safety advocates will appreciate that the FDA will regulate medical products and that there will be a national age limit unless proscribed by a doctor. Medical cannabis companies will be allowed to have their existing products grandfathered, which avoids punishing first-movers in the industry while leaving room for researchers to develop more sophisticated medical products. California cultivators will continue to work with the U.S. Department of Agriculture and Environmental Protection Agency to maintain environmental standards and to create best practices for cultivating — just as they always have.
Many critics of the cannabis industry and progressive lawmakers have raised questions about the industry’s economic growth, and the fairness of large cannabis companies and their investors enjoying profits while Americans remain in prison for growing and consuming cannabis. SRA addresses these concerns as well — something missing from most Republican legalization efforts.
The bill offers nonviolent cannabis offenders second chances in society. In keeping with its respect for states to determine their own legalization posture, the bill grandfathers existing state-based social equity programs to ensure that those harmed by past cannabis criminal convictions still have an opportunity to participate in this emerging industry.
Veterans will welcome similar consideration. Currently, the Veterans Affairs Department is not allowed to recommend cannabis to patients suffering from chronic pain, post-traumatic stress disorder and insomnia, among other conditions. The passage of SRA would change that while ensuring veterans do not face discrimination in federal hiring for cannabis use.
Like Florida oranges or Vermont maple syrup, California cannabis promises to become a luxury, exported around the world. Small operators and entrepreneurial individuals also deserve the opportunity to take part in this brand-new industry. Envisioning a day soon when America exports this highly desirable product, Rep. Mace’s proposal leaves very few barriers to entry for entrepreneurs.
The prospect of cannabis legalization in our lifetime is no longer a pipe dream. Mace and her co-sponsors have offered their vision of how to accomplish such a reform. This sets the stage for a robust, bicameral and bipartisan discussion on how to best move toward true comprehensive cannabis reform.
Certainly, there will be spirited debate about numerous provisions in the bill, including tax rates, the proper role for the FDA in this emerging industry and how to work to end the illicit market. The States Reform Act floats a 3% federal excise tax — welcome news for an industry that already shoulders high state taxes — a rate that is below the target of other Democratic-led bills.
That our national conversation on cannabis legalization has reached this stage demonstrates just how much progress we have made as a country in finding the bipartisan and comprehensive solution needed to bring about cannabis reform.