Marijuana businesses in Washington and other states where cannabis is legal have received an encouraging message from President Trump.
In a break with his attorney general, Trump recently hinted at support for congressional action that could finally provide states with the power to decide marijuana policy for themselves, weakening the federal prohibition on its sale and use.
“We’re looking at it,” the president said, “but I probably will end up supporting that, yes.”
At issue is a bill introduced by Sens. Cory Gardner, R-Colo., and Elizabeth Warren, D-Mass., to end a costly and counterproductive war on marijuana by the federal government. Senate Bill 3032 would prevent the Department of Justice from prosecuting state-licensed marijuana businesses and their customers. The approach runs counter to the position of Attorney General Jeff Sessions.
With eight states and the District of Columbia having approved recreational marijuana use by adults, and with an additional 20 states allowing the medical use of marijuana, it is time for the federal government to provide clarity on the issue. Earlier this year, Sessions — an anti-marijuana hard-liner — promised a crackdown upon cannabis businesses. In Washington, where recreational marijuana sals were approved by voters in 2012, that amounts to about 2,000 licensed businesses, including more than 500 retail stores. The industry annually generates more than $350 million in tax revenue.
So far, a federal crackdown has not occurred, but the prospect casts a shadow over an industry that is operating within state law. As Sen. Gardner said: “If you are in the marijuana business . . . you can’t get a bank loan or set up a bank account because of concern over the conflict between state and federal law. We need to fix this. It is time we take this industry out of the shadows, bring these dollars out of the shadows.” Gardner called it a “public hypocrisy” that businesses are expected to pay taxes yet are barred from participation in the financial system.
Ideally, Congress would lift the federal ban upon marijuana and remove the substance from the list of Schedule I drugs. That listing places marijuana alongside heroin and other highly addictive drugs that have no accepted medical use. That status has led to the expenditure of law enforcement and judicial resources that would be better spent elsewhere. It also has inhibited research into the medical benefits of cannabis, research that should have been taking place for decades.
Eliminating that prohibition appears too dramatic an action for this Congress — despite the fact about 60 percent of Americans now favor legalization. But the Gardner-Warren bill should appeal to representatives from states that have approved recreational or medical marijuana and to those who are strong defenders of state’s rights. If a state has legalized cannabis and has established a well-regulated industry, it should be allowed to continue without the threat of a federal crackdown. Gardner said: “This is a chance for us to express that federalism works, to take an idea that states have led with and provide a solution that allows them to continue to lead.”
That is what makes Trump’s support — albeit tepid — encouraging for Washington and elsewhere. While the president has yet to demonstrate the ability to effectively shepherd legislation through Congress, his early interest in the bill is preferable and more thoughtful than his attorney general’s reflexive hostility.
