The end of last weekend made the idea of federal reform we all have hoped for seem like a near possibility. On Thursday, Democratic (Massachusetts) senator Elizabeth Warren and Republican (Colorado) senator Cory Gardner introduced a bipartisan bill, the Strengthening the Tenth Amendment Through Entrusting States (STATES) Act, that would exclude some cannabis language from the Controlled Substance Act. Federal prosecution would no longer apply if it infringed upon state, territory, or tribal laws. This would also do away with the cannabis industries banking issues, as federally protected banks would no longer fear from prosecution.
In addition, this bill maintains federal legislative provisions (aka “guardrails”) to deter:
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- The interstate trafficking of marijuana into prohibition states from legal states
- The prevention of those under 18 from working in the cannabis industry
- The prevention of those under 21 from purchasing marijuana (unless recommended by a state-qualified physician to treat a medical condition)
- Unsafe production conditions
If that wasn’t enough good news for the efforts of our industry, the president expressed his approval of such legislation. Last Friday, Trump went against Attorney General Jeff Sessions strides to “enforce federal law” despite the new bill. When the president was asked about the Warren-Gardner Bill, just before he was off to the G-7 summit in Canada, he stated:
“I support Sen. Gardner,” he said referring to it. “I know exactly what he’s doing. We’re looking at it. But I probably will end up supporting that, yes.”
Many, Gardner included, are hopeful that the president plans to take action with his words. Others are skeptical, considering his spotty record of voicing support relating to cannabis but, doing nothing to move legislation along. We would only find out after his return from the Singapore summit with Kim Jong Un to take place Tuesday, 9 AM eastern time.
Updated to include statements from Attorney General via CPR:
Despite growing support of the STATES Act, Attorney General Sessions is still firm on his stance against cannabis. Earlier this year, Trump made supportive comments about the industry to Senator Gardner; he sparsely repeated the sentiment through his presidency so far before stating his assumed support for bipartisan cannabis legislation.
Sessions, on the other hand, has not held the same stance. He has actively moved against the industry in various ways leading up till today. Even after Thursday’s announcement of the Warren-Gardner bill, to allow cannabis sales by federal law, Sessions has remained planted in his enforcement of what is currently federal.
“Sessions said he’ll keep an eye on Congress’ actions. But in the meantime, he intends to enforce current statutes.”
-Attorney General, Jeff Sessions, Western Conservative Summit
At the moment, it’s unclear if the Attorney General will make any more negative legislative moves towards cannabis.
