Bipartisan House members have re-filed another bill to legalize marijuana federally while taking steps in order to preserve existing state cannabis market.
The States Reform Act, sponsored by Rep. Nancy Mace of South Carolina (R), was introduced for the first time in 2021. It served as an alternative to the Democratic-led legalization bill that has been passed twice in the House in the past few years. Mace’s bill was only co-sponsored by Republicans at the time.
It’s not yet clear if the text of the revised legislation has been changed. A handful of Democrats and Republicans have signed it, but the actual text is not available. It’s even more uncertain that the legislation will advance under a GOP-controlled House , where the speaker role remains vacant three weeks after Rep. Kevin McCarthy was ousted from his leadership position.
Mace claimed that as a condition to her vote on the bill to increase the debt ceiling and to cut certain federal programs she had obtained a commitment from former speaker to conduct a committee review of her cannabis bill, but that never occurred. Mace is one of the few Republican members who voted to remove the speaker in this month’s elections, citing unfulfilled pledges without mentioning the marijuana markup promise.
The States Reform Act, as it was introduced in the last session, would have ended the federal prohibition of cannabis, while also attempting to garner bipartisan support through equity provisions, such as expungements, for those with non-violent convictions, and an excise fee, whose revenue would have been used to fund community reinvestment and law enforcement, as well as Small Business Administration activities.
The main goal of the bill is to have federal law treat marijuana similarly to alcohol. Cannabis would be removed as a controlled substance under the Controlled Substances Act. This will have retroactive effect for those who were previously penalized.
The bill has had its co-sponsorship changed since the previous version. Rep. Tom McClintock, R-CA, remained on the bill, but Rep. Brian Mast, R-FL, co-chairman of the Congressional Cannabis Caucus is not listed this time around, and neither is the late Rep. Don Young, R-AK, who was replaced by the Florida congressman on the caucus. Rep. Peter Meijer, R-MI, was on the previous bill but lost his primary challenge in 2022.
Rep. Matt Gaetz, R-FL, has signed on as an original sponsor, along with two Democrats. Rep. David Trone, a Democrat from Maryland, and Rep. Dean Phillips, a Democrat from Minnesota, are both signed up. They will be competing against President Joe Biden in 2024 for the Democratic nomination.
Marijuana Moment contacted Mace and Mast to ask why Mace was not included in the new bill, but no one responded.
Mace, during the previous Congress, stressed that she wanted bipartisan support for her legislation. However, it never received more co-sponsors than those who signed up at the time of its introduction.
According to the bill as it was filed in the last session, cannabis convictions at federal level would have had to be expunged after one year. The relief was not available to people who were affiliated with cartels, or convicted of driving while under the influence. Mace’s Office estimated that approximately 2,600 people will be released from federal prison under this provision.
The bill would have imposed a federal excise duty of 3 percent on cannabis. The federal marijuana tax revenue would have been distributed to a newly established Law Enforcement Retraining and Successful Second Chances Fund and programs under the Omnibus Crime Control and Safe Streets Act. This includes the Edward Byrne Memorial Justice Assistance Grant program (JAG), the Community Oriented Policing Services Hiring Program, a successful second chances program under the Small Business Administration, veterans mental health programs, and state programs that combat opioid addiction and prevent youth cannabis usage.
Alcohol, Tobacco, and Cannabis Tax and Trade Bureau, a Treasury Department bureau, would have been in charge of marijuana regulation for interstate and international commerce. The agency was tasked with creating an interstate and international cannabis track-and-trace system. Federal officials were also authorized to set packaging and labeling requirements.
The federal legislation would have grandfathered in existing state-licensed marijuana operators to allow them access to the market and encourage their participation.
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The States Reform Act was re-filed about a week after 33 Democratic House members, led by Judiciary Committee ranking member Jerrold NADLER (D-NY), re-introduced , the Marijuana Opportunity, Reinvestment and Expungement Act (MORE) Act, to federally legalize cannabis and promote equity in the industry.
This is the first time that the comprehensive legalization bill was presented with Republicans in charge of the chamber. It has already passed twice in recent sessions, but this marks the first introduction when Republicans are in control. Jim Jordan, a Republican from Ohio who is anti-cannabis, chairs the Judiciary Committee. This is the main panel of jurisdiction.
Biden ordered a federal review of cannabis scheduling last year. Both bills are being reintroduced in the wake of that review. After completing a scientific review, the U.S. Department of Health and Human Services has recommended that the Drug Enforcement Administration move marijuana from Schedule II to Schedule III.
The DEA does not have to follow the HHS recommendation. A Congressional Research Service report published last month stated that DEA was “likely to” follow suit based upon precedent.
A former DEA agent fired over a positive THC test from CBD products is seeking public support as legal fees mount to challenge the agency’s action
The article Bipartisan Congressmen File Marijuana Legalization Bill first appeared on Marijuana Moment.
