Headlines from the past week suggest that the federal legality of marijuana may be at a tipping point.

Image Source: Business Insider

Ex-Speaker Boehner joins former Gov. Bill Weld on marijuana board

Last week Boehner joined the advisory board of Acreage Holdings, which owns “the most diverse portfolio of any company in the American cannabis industry, with cultivation, processing and dispensing operations across 11 states with plans to expand.” Noting a change in national sentiment toward marijuana over the past decade, Boehner, who was previously "unalterably opposed" to marijuana legalization, cited marijuana’s potential use in treating veterans in addition to the plant’s efficacy in mitigating a close friend’s debilitating back pain and the burden that marijuana convictions place on the criminal justice system, for changing his stance.

Sen. Cory Gardner strikes deal with Trump

Gardner, a Colorado Republican, claims he structured a deal with President Trump, in which Gardner would rescind his blockade of U.S. Department of Justice nominees in exchange for the President’s backing on a resolution to the federal-state conflicts engendered by current marijuana laws. In a phone interview with The Cannabist, Gardner purportedly “received assurances from Trump that his state’s marijuana legalization regime would be safe from federal interference.” Meanwhile, Trump pledged to provide his support for federal legislation that would enable all states to regulate cannabis themselves without federal intervention. Gardner envisions that such legislation would be more comprehensive than recent bills that have been drafted in response to marijuana regulation and would address banking, taxes, research, and federally authorized state systems.

Not A Change in Tune

The agreement with Gardner would not necessarily represent a change in tune for Trump, who supported states’ rights in regard to marijuana regulation while stumping for Office. As recently as June 2015, Trump had opposed marijuana legalization, making such statements as, “I say it’s bad. Medical marijuana is another thing, but I think it’s bad, and I feel strongly about it.” But Trump softened his tone as the election progressed saying, “I think medical should happen — right? Don’t we agree? I think so. And then I really believe we should leave it up to the states.”

Although Jefferson Sessions rescinded the Cole Memo earlier this year, sparking controversy regarding how the legality of marijuana would be managed at a state and federal level, Trump has not necessarily been on the same page as his AG lately.

This week’s alleged pact with Sen. Cory Gardner to promote a federal resolution to marijuana regulation which respects states’ rights could provide clarity on the Trump administration's stance, while also representing another huge step forward for pro-marijuana advocates.

Current Federal Legislative Efforts

Trump’s agreement should not, however, necessarily be interpreted as a sign that federal legalization is imminent, although some claim it would not only poll well, but would offer an easy win for the President. Currently, there are several pieces of federal legislation in motion to address cannabis legalization:

1. Marijuana Justice Act: Last August, Senator Cory Booker of New Jersey introduced the Marijuana Justice Act to remove marijuana from the Controlled Substances Act, expunge federal crimes related to marijuana and incentivize states to change their marijuana laws where illegal.
2. House Introduction of the Marijuana Justice Act: In January, California Congresswoman Barbara Lee offered a companion bill to Booker’s in the House, which according to Lee is the first time that companion legislation to remove marijuana from the Controlled Substances Act has been introduced in both chambers.
3. Restricting Excessive Federal Enforcement and Regulations of Cannabis (REFER) Act: Lee also introduced another piece of legislation this January when she put forth the REFER Act, which would “prevent federal government interference in state and local marijuana laws.”

Are Times Changing for Marijuana Legalization?

As former Massachusetts governor Bill Weld notes the seeds for change have been sown:

“Millennials who will inherit the kingdom before long, they are even more positive about cannabis than the populace at large,” Weld said. “You can look at the trend of millennial opinion and you can see the future.”
-source: The Cannabist

Where do you think marijuana legalization is headed?

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