Understanding the Possible Shift in National Cannabis Policy
There might be a shift in the horizon for the national stance on cannabis. The current administration is contemplating a change that could potentially redefine cannabis as a less harmful substance. This change could align the federal government's approach with the perspective already adopted by many states.
The possibility of this change was revealed recently with a hint that a decision might be made soon on whether to support modifications to the way cannabis is controlled. This focus on cannabis regulation is a continuation of discussions that began during the previous administration but were left undecided before a transition of power.
In the meantime, several states have already surpassed the federal government's stance by legalizing cannabis for recreational use by adults or permitting its use for medical purposes.
The Current Federal Stance on Cannabis
Under federal law, possession of cannabis is considered a crime and is punishable by fines and potential imprisonment. Selling or cultivating cannabis is considered a more severe offense, with penalties ranging from five years to life imprisonment, depending on the quantity of the substance involved.
Last year, there was a proposition to change cannabis's classification from a Schedule I drug, in the same category as heroin and LSD, to a less harmful Schedule III substance, a category that includes substances like ketamine and certain anabolic steroids. However, this change would involve a long bureaucratic procedure.
During the proposal period, around 43,000 public comments were submitted concerning this proposed change. The review process was ongoing when the change in administration occurred, prompting a reevaluation of policies across the federal government.
Implications of Reclassifying Cannabis
Changing the classification of cannabis doesn't mean it would be legalized for recreational use nationwide. Instead, it would modify how it's regulated and taxed.
Under current law, businesses involved in the "trafficking" of any Schedule I or II drug can't claim federal income tax deductions for business expenses. If cannabis were reclassified to Schedule III, businesses legally selling cannabis in states where it's permitted could benefit from significant tax savings.
Moreover, it could facilitate research on cannabis since conducting authorized clinical studies on Schedule I substances is extremely challenging. Despite this, many banks and financial institutions hesitate to provide common banking services to state-authorized cannabis businesses due to the risk of federal penalties. A change in federal scheduling is unlikely to alter this reality.
Considerations for Policy Change
The current administration is considering the advantages and disadvantages of a policy shift on cannabis, acknowledging it as a "very complex subject."
There have been positive testimonials concerning the medical use of cannabis alongside negative reports linked to other aspects. Advocacy groups have been advocating for a softer national stance on cannabis for some time. During his campaign, the current administration indicated an openness to looser regulation, suggesting a focus on research to uncover potential medical uses of cannabis.
However, the idea of reclassification is met with opposition from some conservative factions and law enforcement organizations, citing concerns over the potential for abuse and links to severe intoxication and fatal vehicle accidents.
State-level Cannabis Legislation
Medicinal use of cannabis is permitted in 40 states and the District of Columbia. In the past dozen years, the number of jurisdictions legalizing recreational cannabis for adults has rapidly increased to 24 states and the District of Columbia.
Despite this, the movement has faced recent challenges. In Florida, North Dakota and South Dakota, measures to legalize recreational cannabis were defeated. In Idaho, a proposed constitutional amendment was brought to the ballot, which would prevent citizen initiatives to legalize cannabis, leaving such decisions exclusively to the Legislature.
Efforts continue in other states to bring recreational cannabis to the ballot, including in Oklahoma, where a similar measure was defeated recently.
Public Opinion and Cannabis Usage Data
Nationwide, around six out of every ten voters are in favor of legalizing recreational cannabis use, according to a survey conducted during the last election. Polling results indicate that support for cannabis legalization has risen dramatically in recent years, from only 36% in 2005 to 68% last year.
Cannabis use has also seen an increase. A recent survey released by the federal Substance Abuse and Mental Health Services Administration revealed that more than 64 million Americans aged 12 and older, or 22.3% of people, used cannabis in the past year. This was an increase from 19% in the previous year.
The rise in cannabis use was largely driven by adults aged 26 and older, according to the survey. However, individuals aged 18-25 remain the most likely to use cannabis, with 35% reporting usage in the past year.