By This week’s cannabis news centers on the fast-approaching midterm elections, federal reform strategy, and the looming fight over hemp THC products. Here is a look at the three stories shaping the week.
Executive Action and Marijuana Legalization What a President Can Do Without Congress
Harris Sliwoski LLP discussed on the podcast High Spirits: The Cannabis Business Podcast how cannabis legalization can occur through executive action, not just congressional action. The firm’s co-founder, Amna Shamim, and the author started Project Four 2029 to engage with presidential and congressional candidates ahead of the 2028 election and educate them about different paths to cannabis legalization and reform.
The post notes that President Trump has greatly expanded the Unitary Executive theory of governing, and the Supreme Court has largely blessed these actions, except with respect to presidential authority over the Federal Reserve. Two warnings are given: anything accomplished through agency action can potentially be reversed by a later administration or struck down by the courts, and descheduling marijuana without regulation is not the answer, as seen in Thailand. The goal should be a regulated cannabis market in which consumers can enjoy cannabis with the same liberties as those afforded to alcohol consumers.
Cannabis and the Midterm Elections
With midterms less than a month away, cannabis reform is on the table directly and indirectly at the federal, state and local levels. The vast majority of Americans support legalizing marijuana in some way, which has been the case for years. If Democrats take majorities, the legislation in focus appears to be the Cannabis Administration and Opportunity Act (CAOA), reintroduced on July 16 by U.S. Senator Cory Booker (D-NJ), Senate Democratic Leader Chuck Schumer (D-NY), and U.S. Senator Ron Wyden (D-OR).
The author gives the CAOA low odds of succeeding anytime soon, noting it would need to be pared down significantly on issues like restorative and economic justice and worker’s rights to stand a chance. Industry leaders including Trulieve, Curaleaf, Green Thumb Industries and Verano Holdings have contributed $11.5 million into a Trump-aligned super PAC ahead of the midterms. These industry heavyweights support the current Schedule III proceedings but may think differently about broader reforms like the CAOA.
Marijuana Reform Group Asks Congress To Keep Hemp THC Products Legal
The Marijuana Policy Project (MPP) is stepping up pressure on Congress to reverse a scheduled ban on hemp THC products and institute a system of regulations as an alternative to criminalization. “When it comes to public health and safety, regulation and education consistently yield better results than prohibition,” MPP said in an action alert urging supporters to send letters to their members of Congress.
