Cannabis industry stakeholders are breathing a sigh of relief now that President-elect Donald Trump has announced that he has chosen former Congressman Matt Gaetz for attorney general. But Senate Republicans’ choice for majority leader may be a sign that cannabis reforms are unlikely to be made by Congress for at least two years.
A clearer image of what the future administration may look like is coming into focus as Trump starts assembling his team. One of the more shocking developments has been the announcement that former Republican Florida Rep. Matt Gaetz will be taking the position of attorney general, placing him in control of the Department of Justice (DOJ).
This should come as good news to cannabis industry players who were concerned that Trump would appoint another anti-weed AG like he did during his first term. Back then, he gave the job to Jeff Sessions, who rescinded an Obama-era memorandum that protected states with legalized marijuana from being prosecuted by the DOJ, threatening to uproot the entire weed industry.
Cannabis advocates can feel much safer this time around, since Gaetz has a long history of supporting marijuana legalization. And the industry is already responding. Following the announcement last week, cannabis-related exchange traded funds saw a bump, reflecting the brewing optimism. That’s because Gaetz has repeatedly supported major cannabis reforms.
Gaetz was one of only three House Republicans to vote in favor of the Marijuana Opportunity Reinvestment and Expungement (MORE) Act in 2022 — a comprehensive bill that would have legalized cannabis at the federal level if it had passed.
The former congressman also voted twice in favor of the Secure And Fair Enforcement Regulation Banking (SAFER) Act — a bill that would have allowed banks and financial institutions to work with state-licensed marijuana businesses without fearing federal prosecution.
He also sponsored amendments to the National Defense Authorization Act (NDAA) that would have stopped testing military recruits for marijuana use for enlistment or commission.
In 2023, Gaetz criticized the Biden administration for recommending reclassification of marijuana as a less dangerous drug on the list of federally controlled substances, calling for fully descheduling and decriminalizing the drug instead. During an appearance on Newsmax, Gaetz said he was worried that cannabis would be controlled by Big Pharma if the Biden administration went through with its plan and called for the administration to “go further.”
In his home state of Florida, Gaetz sponsored legislation that legalized medical marijuana in the state and later advocated to expand the program to allow patients to access smokable cannabis products.
Although Gaetz notably opposed efforts to legalize marijuana in Florida this year, his reasoning was very different from many of his Republican colleagues. The ballot initiative that would have legalized the drug would have done so by amending the state’s constitution. Gaetz argued that legalizing through legislation would be a better path, because it would allow lawmakers to make any necessary changes to the law in the event that unforeseen issues arise.
Gaetz’s appointment also bodes well for the chances of seeing marijuana’s status on the federal list of controlled substances change. Many advocates were concerned that if the Drug Enforcement Administration (DEA), which is overseen by the DOJ, fails to reschedule weed before Trump takes office, the (traditionally anti-pot) Republican administration could nix the whole plan and leave the drug in Schedule I.
Meanwhile, Senate Republicans recently held a secret ballot vote to determine the next Senate majority leader and chose Sen. John Thune (R-SD), a rabidly anti-marijuana lawmaker who has repeatedly pushed against reform efforts at both the federal and state level.
Earlier this year, he signed a letter to Attorney General Merrick Garland calling for him to ignore the Department of Health and Human Services’ (HHS) recommendation to reschedule weed and leave the drug where it is on the controlled substances list.
Thune has also opposed SAFER Banking and has even spoken out against legalization at the state level.
In terms of marijuana legislation, this will be a great departure from the current Senate Majority Leader Chuck Schumer (D-NY), who sponsored the MORE Act and has called for decriminalization or legalization on a number of occasions.
With Thune at the helm of the Senate GOP, it seems very unlikely that any positive marijuana reform legislation will be coming down the pike over the next two years.
H/T: abq.news
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