It is no secret that most of the progress made regarding both medical and recreational marijuana legalization across the nation has been made at the state level. While federal authorities and Congress block research efforts and the Department of Justice (DOJ) continues to bust dispensaries and families in California, Colorado, and Washington, states continue to push forward with progressive legislation.
The latest example of state efforts to decrease federal interference with state laws or policies has come from the National Conference of State Legislatures (NCSL), which this week approved a resolution asking Congress that federal laws “be amended to explicitly allow states to set their own marijuana and hemp policies without federal interference.”
The preamble of the resolution explicitly refers to both hemp and marijuana and proclaims that the federal government has little power over states in terms of dictating whether and how they legalize all varieties of the plant — for any purpose.
“The federal government cannot force a state to criminalize cultivating, possessing, or distributing marijuana or hemp — whether for medical, recreational, industrial, or other uses — because doing so would constitute unconstitutional commandeering.”
The DOJ’s reliance on the Controlled Substances Act and the Schedule I status of cannabis — which legally defines the herb as totally lacking in medical benefit — has prevented cannabis-related businesses from activities such as utilizing banking services (regulated at the federal level) and claiming standardized business expenses on tax return filings.
Other legislative efforts, such as the CARERS Act sponsored by senators Cory Booker (New Jersey) and Rand Paul (Kentucky), are currently alive in Congress and would reclassify cannabis as Schedule II, allowing robust research and less federal interference. The CARERS Act would also allow cannabis businesses to utilize banking services, permit Veteran’s Administration physicians to recommend cannabis, and even legalize interstate commerce in CBD oil (which contains no THC and, thus, delivers no psychoactive effects to users, making it safe for children).
The NCSL resolution recognizes that states will disagree on the best way to legalize and regulate production and distribution of hemp, medical marijuana, and recreational cannabis. The resolution:
“…recognizes that its members have differing views on how to treat marijuana and hemp in their states and believes that states and localities should be able to set whatever marijuana and hemp policies work best to improve the public safety, health, and economic development of their communities.”
Tom Angell, Chairman of the Marijuana Majority, said of the resolution, “Overarching federal prohibition laws still stand in the way of full and effective implementation. These state lawmakers are demanding that the federal government stop impeding their ability to set and carry out marijuana laws that work best for their own communities.”