Republicans Should Give States the Lead on Cannabis Laws

In his announcement directing the federal government to review rescheduling cannabis and pardon prior federal offenses of simple marijuana possession, President Biden took a first step toward recognizing that the federal prohibition on cannabis isn’t working anymore. However, the president alone can’t fix the conflicts that exist today between federal and state laws.  A new Republican majority should clean up this mess by giving states the lead.  

Voters and legislators in 19 states have legalized cannabis for adult recreational use, and 37 states have legalized medical cannabis.  As a result, 100 million Americans now live in a state with legalized, adult-use cannabis.  Voters are making their views known.  In fact, recent polling found that 70 percent of registered voters support the federal legalization of cannabis for adult-use and 91 percent support for legalized use for either medical or recreational purposes. 

This November, voters in five more states – Arkansas, Maryland, Missouri, North Dakota, and South Dakota—will decide if cannabis should be legal where they live. If voters pass these measures, over 120 million Americans will live in a state with legalized, adult-use cannabis.  

Congress should heed the will of voters and give states the right to regulate cannabis just as they do with alcohol and tobacco. Meanwhile, with the federal government continuing to regulate cannabis like heroin, it’s hard to find a federal prosecutor who has the resources to enforce the law that way.   

The federal legalization of cannabis, however, should not proceed without solid guardrails, such as meaningful and robust protections against youth access and use. Only through a physician's guidance should those under 21 be able to access or use cannabis – full stop. In addition, we need to partner with law enforcement and develop a meaningful DUI standard, which will help keep our communities safe. 

What’s more, we have an opportunity to help our nation’s bravest treat the invisible wounds of war. All too often, veterans are denied the care they need for the injuries they have suffered on the battlefield. Those who suffer from lingering pain or PTSD often resort to opioids, which can lead to physical and mental hardships. Physician-prescribed cannabis can alleviate those issues, but the current federal prohibition denies veterans access to a product that can help them. That's just wrong. 

In addition, a legal, regulated cannabis market will help stop the illicit cannabis market that has caused incredible damage to our communities, states, and environment. We must stop the criminal element that has taken advantage of the conflicts in federal and state cannabis laws. A legal market with enforceable guardrails will stop that from happening. Republicans should embrace that as part of their reform agenda. 

Eliminating the federal/state policy conflict on cannabis will achieve three other important goals: allow for much-needed research into the benefits and harms of cannabis; give cannabis-related businesses access to the banking system; and stop denying law-abiding gun owners the ability to purchase a firearm because they used a product that is legal in their state. 

U.S. Supreme Court Justice Clarence Thomas said earlier this year that federal laws prohibiting cannabis may no longer be necessary, calling the current federal government approach “a half-in, half-out regime that simultaneously tolerates and forbids local use of marijuana.” As a conservative hero, Justice Thomas’ statement is clear evidence that it is rational and reasonable for Republicans to return this issue to the states.   

Next year will bring a new Congress and new opportunities for modernizing how Americans regulate cannabis.  Americans are moving toward legalization, one state at a time. Congress has an opportunity to catch up with their constituents by crafting federal cannabis reform legislation that helps veterans, law-abiding Second Amendment supporters, lawful businesses, and embraces states' rights with a free and regulated marketplace.

Greg Walden (R-OR) is a Former Republican congressman and now chairman for the Coalition for Cannabis Policy, Education, and Regulation.