By Democrats Gain Ground and Cannabis Advocates See an Opening
Following Democratic lawmakers’ substantial gains on election night, NORML anticipates that members of the 120th Congress will be more willing to advance legislation addressing federal marijuana policy. The advocacy group says the next session could take up proposals to remove cannabis from the Controlled Substances Act, improve commercial cannabis businesses’ access to financial services, facilitate veterans’ access to medical cannabis, and repeal federally imposed housing and employment discrimination against cannabis consumers.
NORML’s Political Director Morgan Fox criticized Republican leadership for inaction in the current session. “Some two thirds of Americans support ending marijuana prohibition, and policies that punish responsible consumers and patients are increasingly out of step with voters across the political spectrum. Unfortunately, Republican leadership chose to ignore public sentiment and let popular cannabis policy legislation languish this session,” said NORML’s Political Director Morgan Fox.
“Hopefully Democrats will not make the same mistake, and will provide the necessary leadership and bipartisanship to pass substantive, sensible reforms in the 120th Congress,” Fox added.
Historically, cannabis-related federal legislation has fared better under Democratic control. In 2020 and 2022, the Democratic-led House passed the Marijuana Opportunity, Reinvestment, and Expungement (MORE) Act, which would remove marijuana from the federal Controlled Substances Act.
House members have also passed the Secure and Fair Enforcement (SAFE) Banking Act on seven separate occasions. That bill would explicitly permit banks and other financial institutions to partner with state-licensed cannabis operators.
Rescheduling Remains Unsettled
Earlier this year, US Attorney General Todd Blanche issued an executive order reclassifying state-regulated medical cannabis products to Schedule III of the Controlled Substances Act. However, the Administration has yet to provide clear guidance on the issue.
Administrative efforts to reclassify all botanical cannabis to Schedule III remain ongoing. NORML argues that Congress, not the executive branch, should settle federal marijuana policy.
“With the future of rescheduling still uncertain and its practical effects not yet fully defined, it is vital that federal lawmakers take on these issues,” said Fox.
“The fate of federal marijuana policy should not be left in the hands of bureaucrats and judges. It is Congress who initially prohibited marijuana and it is Congress who ultimately needs to abolish this failed federal policy, specifically by descheduling cannabis and by passing other reforms that provide real-world relief and protections for millions of responsible consumers,” Fox said.
Additional information on Election Day results is available from NORML’s Election Central.
Advocates Urge Early Action in the Next Session
“Lawmakers should begin preparing now to prioritize this issue as early as possible in the next session,” Fox said.
“NORML looks forward to working with members of both parties to make meaningful legislative progress in the 120th Congress,” Fox added.
“The American people deserve federal cannabis policies grounded in science, public health, personal freedom, and justice,” Fox said.
