With over two dozen states voting to legalize some form of marijuana, state legislators have been lobbying Washington to revise or repeal the federal government’s Schedule 1 classification for cannabis and cannabis related products. While many D.C. lawmakers have heard the call, it appears one has taken a bold step to force Congress’ hand in the matter.
Sen. Corey Booker (D-NJ) has introduced a bill calling for an end to the federal prohibition of marijuana, making it easier for states that have legalized marijuana to support cannabis businesses. The Marijuana Justice Act calls for removing cannabis from the Schedule I narcotics list, known as “descheduling.” The law would also punish states that “disproportionately” lock up minorities for marijuana offenses by withholding federal dollars targeted for the building of jails and prisons.
During a Facebook Live event, Booker said, “You see these marijuana arrests happening so much in our country, targeting certain communities – poor communities, minority communities – targeting people with an illness.”
Senator Booker also claimed that states which have legalized marijuana are seeing positive results, as their legislatures push through regulations and licensing requirements. “They’re actually seeing positive things coming out of that experience,” said the New Jersey senator. “Now I believe the federal government should get out of the illegal marijuana business.”
Cannabis groups are praising the proposal, saying that they hope it changes the dialog in Washington about the criminality associated with pot.
However, with the country mired in an opioid crisis and midterm elections on the horizon, many lawmakers are reluctant to jump into a public debate about the decriminalization of marijuana. The legislation faces an uphill battle, with even some Democrats being wary of staking a pro position for this fight.
In an interview with Rolling Stone magazine, California Senator Dianne Feinstein said she has concerns about the safety of marijuana. “I think we need to be concerned about young people, without judgment, particularly in cars. Particularly on Saturday night, smoking marijuana, candidly,” she said.
In an interview, Maine Republican Sen. Susan Collins said she does not support a federal effort to deschedule marijuana, claiming it would send a negative signal to America that using drugs is acceptable behavior.
As the implementation date for legalization quickly approaches for several states, some members of Congress are urging debate on the matter sooner rather than later. Colorado Republican Cory Gardner says Congress needs to take up the issue now. “It’s a conversation that Congress has to have. We should have committee hearings and we should have legislative debate on it. More and more states are answering this question on their own, and it’s going to result in this sort of pell-mell collection of states defying federal law, and that has consequences.”
According to industry experts, the legislation would address a number of challenges currently facing cannabis businesses. Namely, descheduling the drug would pave the way for access to banking services and could provide a standardized regulation and licensing process.
With over 60% of Americans favoring federally legalized marijuana, and more than a dozen related bills making their way through Congress, it appears that the time may be finally right for updated federal marijuana legislation, even if it is a different form than that which Senator Booker has proposed.
