Schumer Proposes Federal Decriminalization Of Cannabis – Cannabis & Hemp

On Wednesday, July 14, Senate majority leader Chuck Schumer
(NY), Senator Cory Booker (NJ), and Senator Ron Wyden (OR)
introduced a draft bill to decriminalize marijuana at the federal
level. The draft discussion of the legislation, named the Cannabis
Administration & Opportunity Act (the “Bill”), opens by recognizing the disparate impact of
the War on Drugs on people of color and states that goal of the
Bill is to “end the decades of harm inflicted on communities
of color by removing cannabis from the federal list of controlled
substances and empowering states to implement their own cannabis
laws.”

Beyond removing cannabis from the controlled substances list and
recognizing state law regarding cannabis, the Bill has several
other key provisions. The Bill emphasizes equity, which is
unsurprising in light of Schumer’s prior statements about his cannabis
legislation goals after the Secure and Fair Enforcement Banking Act
(“SAFE”) passed the House in April. The Bill includes
immediate expungement of nonviolent marijuana-related arrests and
convictions from federal records. It will also create an
“Opportunity Trust Fund” using cannabis tax revenue to
reinvest in communities most impacted by the War on Drugs.

The Bill also puts authority in the Food and Drug
Administration(FDA), Alcohol and Tobacco Tax and Trade Bureau
(TTB), and the Bureau of Alcohol, Tobacco, Firearms and Explosives
(ATF) for regulations. Several other federal agencies, ranging from
the Department of Health and Human Services to the Internal Revenue
Service, will also have regulatory responsibilities. The FDA’s
oversight will include labeling and packaging, as well as tracking
and tracing, requirements.

Schumer, the first majority leader of the U.S. Senate to lead a
push for the legalization of cannabis, is hoping to use his
leadership position to leverage support for the bill. He plans to
work with others in the Senate to create a final bill that is
workable for others and can pass the divided Senate. However,
Schumer and the co-sponsors face an uphill battle to pass any
decriminalization bill in the Senate, even with Schumer’s
willingness to compromise. The Bill will require 60 votes to pass,
but many – including Democrats and the Biden administration- do not
support federal decriminalization.

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