States' Rights: The New Path Forward for Cannabis

With the introduction of the STATES Act, there is a tangible opportunity for Congress to navigate the evolving cannabis conversation strategically.

US and cannabis
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To win in the world of politics, it's important to have your finger on the pulse of voters. Too often, all eyes are on the big ones: free speech, access to abortions, or balancing the budget. But as we saw recently in Ohio, another issue continues to win broad bipartisan voter support, across red and blue states: cannabis reform.

The overwhelming support for cannabis among American voters has reached a tipping point that cannot be overlooked. In the U.S., an astonishing majority of voters are in favor of cannabis policy reform, with 38 states, along with Washington, D.C., and Puerto Rico, having implemented various forms of state-regulated markets.

The question is no longer whether to engage with the cannabis conversation, but rather how to strategically harness the benefits of this evolving landscape. This is not about endorsing cannabis use as a substance; it's about acknowledging the undeniable momentum behind legalization, the will of the voter, and framing a response that resonates with the electorate.

Luckily, there is a principled place to land with sound policy, one that aligns with the values of freedom and individual responsibility: states' rights. A more logical federal approach is one that helps all 50 states succeed in the policies they choose. Just this month, a bipartisan group of U.S. Representatives introduced the Strengthening the Tenth Amendment Through Entrusting States (STATES) Act. This bill has a novel approach to helping all states — if cannabis is legal in your state, the federal government will treat it so. If cannabis is prohibited in your state, the federal government will treat it so.

Instead of the federal government maintaining a blanket, unenforced prohibition against any cannabis, it will turn to helping states succeed in their own missions. For Louisianna, it can help make sure patients get access to cannabis for medicinal purposes and make sure that patients' cannabis is properly tested, labeled, and studied. For Colorado, it can help make sure that cannabis is not going to anybody under the age of 21 and that Colorado is preventing and treating cannabis use disorder. And for neighboring Wyoming, the federal government could be focused on making sure that Colorado cannabis is not illegally being sent over the border, while still helping Wyoming deal with issues like driving while under the influence of cannabis.

The ongoing expansion on a state-by-state basis without federal oversight and coordination poses formidable challenges for consumers, patients, regulators, law enforcement, and the public. With 50 states implementing 50 different rules for cannabis, there exists no standardization on critical issues such as product format, testing, taxation, driving under the influence, or workplace safety.

Embracing a states' rights perspective aligns with a wide variety of values, offering a stance that prioritizes individual freedoms and limited federal intervention. With the introduction of the STATES Act, there is a tangible opportunity for Congress to navigate the evolving cannabis conversation strategically. This bipartisan legislation presents a pragmatic pathway forward, aligning federal policies with state choices and fostering a more coherent and standardized regulatory framework for cannabis across the nation. So, what are we waiting for?

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Andrew Freedman


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