Leader Schumer, Sens. Booker, Wyden Reintroduce Legislation To End Federal Ban Of Marijuana

Washington, D.C. - Today, Senate Democratic Leader Chuck Schumer (D-NY), U.S. Senator Cory Booker (D-NJ), and U.S Senator Ron Wyden (D-OR) reintroduced the Cannabis Administration and Opportunity Act (CAOA), comprehensive legislation that would end the harmful federal prohibition of cannabis by removing cannabis from the list of federally controlled substances and empowering states to create their own laws. This legislation would be a historic step toward rectifying the failed policies of the War on Drugs and would help federal law better reflect the will of the vast majority of Americans, 91% of whom believe that cannabis should be legalized for either adult or medical use.

"The over-criminalization of cannabis has destroyed far too many lives, disproportionately harming communities of color," said Leader Schumer. "Our Cannabis Administration and Opportunity Act is necessary and would correct historical wrongs while investing in safety, research, workers' rights, and banking accessibility for industry. The movement is budding, and I won't stop until restorative justice is achieved. The American people overwhelmingly support the federal legalization of cannabis-it's long past time the government caught up."

"For decades, generations have suffered unjustly under the failed War on Drugs and broken cannabis laws-hurting primarily people of color. It is long overdue that we stand up for them," said Senator Booker. "I am proud to reintroduce this commonsense legislation, which will dismantle the unjust and outdated federal marijuana prohibition, establish a federal regulatory framework to protect public health and safety, expunge past convictions for low-level cannabis offenses, and deliver restorative justice to the communities most harmed by decades of failed drug policy."

"The only reefer madness I'm seeing is the continued federal prohibition of cannabis," said Senator Wyden. "Our legislation is the most comprehensive proposal on the books to end federal cannabis prohibition while keeping public health and safety front and center. The federal government needs to get with the times, and our bill is the way to do it."

The Cannabis Administration and Opportunity Act would:

• Protect public health by:
  • Establishing a Center for Cannabis Products to regulate production, labeling, distribution, sales, and other manufacturing and retail elements of the cannabis industry.
  • Instructing the FDA to establish standards for labeling for cannabis products, including potency, doses, servings, place of manufacture, and directions for use.
  • Establishing programs and funding to prevent youth cannabis use.
  • Increasing funding for comprehensive opioid, stimulant, and substance use disorder treatment.
• Protect public safety by:
  • Removing cannabis from the Controlled Substances Act and eliminating federal prohibitions in states that have chosen to legalize medical cannabis or adult-use cannabis.
  • Retaining federal prohibitions on trafficking cannabis in violation of state law; establishing a grant program to help departments combat black market cannabis.
  • Requiring the Department of Transportation (DOT) to create standards for cannabis-impaired driving.
  • Directing the National Highway Traffic Safety Administration (NHTSA) to collect data on cannabis-impaired driving, create educational materials on best practices, and carry out media campaigns.
  • Incentivizing states to adopt cannabis open-container prohibitions.
• Regulate and tax cannabis by:
  • Transferring federal jurisdiction over cannabis to the Alcohol and Tobacco Tax and Trade Bureau (TTB).
  • Eliminating the tax code's restriction on cannabis businesses claiming deductions for business expenses and implementing an excise tax on cannabis products.
  • Establishing market competition rules meant to protect independent producers, wholesalers, and retailers and prevent anti-competitive behavior.
• Encourage cannabis research by:
  • Requiring the Government Accountability Office (GAO) to study and report on metrics that may be impacted by cannabis legalization.
  • Requiring the Department of Health and Human Services (HHS) and the National Institutes of Health (NIH) to conduct or support research on the impacts of cannabis.
  • Requiring the VA to carry out a series of clinical trials studying the effects of medical cannabis on the health outcomes of veterans diagnosed with chronic pain and post-traumatic stress disorder.
  • Requiring the Bureau of Labor Statistics to regularly compile and publicize data on the demographics of business owners and employees in the cannabis industry.
  • Establishing grants to build up cannabis research capacity at institutions of higher education, with a particular focus on minority-serving institutions and Historically Black Colleges and Universities.
• Prioritize restorative and economic justice by:
  • Using federal tax revenue to fund an Opportunity Trust Fund to reinvest in communities and individuals most harmed by the failed War on Drugs.
  • Establishing a Cannabis Justice Office at the Department of Justice's Office of Justice Programs.
  • Establishing a grant program to provide funding to help minimize barriers to cannabis licensing and employment for individuals adversely impacted by the War on Drugs.
  • Establishing expedited FDA review of drugs containing cannabis manufactured by small businesses owned by socially and economically disadvantaged individuals.
  • Directing the Secretary of Housing and Urban Development to establish a grant program to provide communities whose residents have been disproportionately affected by the War on Drugs with additional funding to address the housing, economic, and community development needs of such residents.
  • Initiating automatic expungement of federal nonviolent cannabis offenses and allowing an individual currently serving time in federal prison for a nonviolent cannabis offense to petition a court for resentencing.
  • Disallowing the denial of any benefits or protections under immigration law to any noncitizen based on their use or possession of cannabis.
  • Preventing discrimination in the provision of federal benefits against people who use cannabis.
• Strengthen workers' rights by:
  • Removing unnecessary federal employee pre-employment and random drug testing for cannabis.
  • Ensuring worker protections for those employed in the cannabis industry.
  • Establishing grants for community-based education, outreach, and enforcement of workers' rights in the cannabis industry.

The Cannabis Administration and Opportunity Act is cosponsored by U.S. Senators Michael Bennet (D-CO), John Fetterman (D-PA), Kirsten Gillibrand (D-NY), John Hickenlooper (D-CO), Ben Ray Luján (D-NM), Alex Padilla (D-CA), Gary Peters (D-MI), Tina Smith (D-MN), Raphael Warnock (D-GA), Ed Markey (D-MA), Jeff Merkley (D-OR), Patty Murray (D-WA), Elizabeth Warren (D-MA), and Peter Welch (D-VT).

Read a summary of the Cannabis Administration and Opportunity Act here.

Read the full text of the bill here.

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