A growing number of federal lawmakers are thinking that the war on cannabis is lost. As a result, they are looking for ways to legalize cannabis while still preserving an element of federal control to ensure safety. To that end, one GOP senator recently floated an interesting ‘opt-in’ proposal for state-level legalization.
North Carolina’s Sen. Thom Tillis believes it is time to put a federal framework in place. He proposes a system under which cannabis is regulated similar to tobacco. States could opt-in to legalization, but that would expose them to federal control. In a strange twist, Tillis said he would not vote to legalize cannabis at the federal level.
The Lack of Federal Control
Tillis’ proposal seems to stem from his displeasure with the lack of federal control. On many occasions, he has cited what is going on in his own state as an example. Tillis points to the Eastern Band of Cherokee and the marijuana dispensary on its territory. According to the senator, the dispensary advertises in areas well outside Cherokee territory.
Tillis also says that the dispensary generates so much traffic that cars are backed up in long lines. He speculates that consumers are purchasing cannabis at the dispensary and then transporting it outside of Cherokee boundaries. Any such transport is a violation of federal law.
Unfortunately, congressional restraints prevent the DOJ and DEA from prosecuting state-level marijuana crimes. That means federal authorities cannot do much about nonresidents purchasing cannabis within Cherokee territory and then transporting it to homes outside of that territory.
What Federal Control Could Look Like
Let us assume the Tillis proposal actually becomes a bill that is debated, passed, and signed by the president. What would federal control look like? There are tons of possibilities to consider. But let’s work with the opt-in proposal proposed by the North Carolina senator.
Opting in would make cannabis legal for both medical and recreational use in a particular state. That state could do business with other states that have opted in. Likewise for the businesses within each of those states.
In exchange for full legalization, the states would agree to a federal excise tax on all cannabis products. Washington would also likely control how cannabis is grown, processed, and packaged. I would imagine the FDA would have something to say about labeling – at least where medical cannabis is concerned.
Impacts on Medical Cannabis
Opting into the Tillis proposal would likely have little impact on state-level medical cannabis, at least from the retail side of things. In Utah, Salt Lake City’s BeehiveFarmacy.com would continue doing business as usual. I am guessing Washington would still allow states to maintain control over how companies like Beehive Farmacy run retail operations.
However, the proposal could have a significant impact on the patient experience. Any sort of federal legalization and control would inevitably open the door to tighter scrutiny of cannabis medicine. Big Pharma would probably try to get involved, which could lead to cannabis medications having to go through the federal approval process.
In the short term, medical cannabis supplies could be interrupted. But in the long term, the traditional prescription medication model would be applied.
Let’s See Where It Goes
Right now, the Tillis proposal is just that: a proposal with no formal legislative efforts behind it. Let’s wait and see where it goes. If it does grow legs, growing support within the GOP could actually move a bill forward.
In the meantime, the states will continue operating their independent cannabis programs with a business as usual mindset. They have no reason not to.
