Is Nationwide Marijuana Legalization a Shoo-In?

(Fall 2018) A measure proposed by Senators Elizabeth Warren (D-MA) and Cory Gardner (R-CO) named the STATES Act (Strengthening the Tenth Amendment Through Entrusting States) seeks to end federal intrusion in states that have approved marijuana usage. This proposal is different than its languishing predecessors, as it does not require removal of marijuana from the Drug Enforcement Administration’s Controlled Substances Act.

Instead, under the STATES Act, marijuana would continue to be listed as a Schedule I drug, considered to have no medicinal purpose. However, states would be allowed to operate legal cannabis businesses without the fear of a federal crackdown.

If it is approved, the proposed legislation would permanently stand in place of the Rohrabacher-Blumenauer amendment, which has temporarily shielded medical marijuana states from the Justice Department in recent years. However, the STATES Act would give similar refuge to the recreational marijuana industry as well.

The newly-proposed legislation also allows the federal government to continue pursuing drug cartels selling illicitly, and it gives freedom to states that do not want to legalize marijuana to maintain that stance.

However, before the STATES Act can be approved by President Trump, it must first receive a go-ahead from Congress, which appears to be improbable at this time as few federal lawmakers have voiced support for the drug’s usage. In fact, currently, only nine senators have signed onto the STATES Act. Some may see this as disheartening, as other proposed marijuana bills have garnered as many as 30 co-sponsors but still have not moved forward in the Congressional process.

The final nail in this legislation’s coffin may come from Mitch McConnell, the Senate Majority Leader. McConnell, who holds sway over which measures are considered for Senate discussion, said he is currently against federal marijuana legalization.

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