Bipartisan House Lawmakers Reintroduce Federal Marijuana Legalization Bill with State Market Protection

In a renewed effort to federally legalize marijuana, a bipartisan group of lawmakers in the House of Representatives has refiled the States Reform Act, a bill aimed at preserving existing state cannabis markets while ending federal prohibition. The legislation, originally sponsored by Rep. Nancy Mace (R-SC) in 2021, is being revisited as an alternative to previous Democratic-led legalization proposals.

The original version of the States Reform Act, which had only Republican cosponsors at the time of its first introduction, sought to engender bipartisan support by incorporating key equity provisions. These provisions included expungements for individuals with non-violent cannabis convictions and the imposition of an excise tax, with revenues allocated to support community reinvestment, law enforcement, and Small Business Administration (SBA) activities.

The bill’s primary objective is to align the federal government’s treatment of marijuana with that of alcohol. This would entail removing cannabis from the Controlled Substances Act (CSA) with retroactive effects to benefit individuals previously penalized for cannabis-related offenses.

Notably, the bill’s original co sponsorship  list has evolved, with Rep. Tom McClintock (R-CA) remaining as a cosponsor. However, Rep. Brian Mast (R-FL), co-chair of the Congressional Cannabis Caucus, and the late Rep. Don Young (R-AK), whom Mast replaced, are no longer listed as cosponsors. Rep. Peter Meijer (R-MI), who was on the previous bill, lost a primary challenge in 2022.

New cosponsors include Rep. Matt Gaetz (R-FL) and two Democrats, Rep. Dean Phillips (D-MN) and Rep. David Trone (D-MD). Marijuana Moment reached out to Mace and Mast’s offices for comment on Mast’s absence from the bill, but representatives were not immediately available for a response.

In the last Congress, Mace emphasized her desire to build bipartisan support for the legislation, but it did not garner additional cosponsors beyond those initially signed on at its introduction.

The States Reform Act, as introduced last session, would have mandated the expungement of federal cannabis convictions within one year. Exclusions from relief would have included individuals affiliated with cartels or convicted of driving under the influence. Mace’s office estimated that approximately 2,600 people would have been released from federal incarceration under this provision.

The bill proposed a 3 percent federal excise tax on cannabis, with revenues directed to a newly created Law Enforcement Retraining and Successful Second Chances Fund. These funds would have been distributed to various programs, including those under the Omnibus Crime Control and Safe Streets Act, the Edward Byrne Memorial Justice Assistance Grant (JAG) program, the Community Oriented Policing Services Hiring program, a new Successful Second Chances program under the Small Business Administration (SBA), veterans’ mental health programs, state initiatives combating opioid addiction, and efforts to prevent youth cannabis use.

Under the legislation, the Treasury Department’s Alcohol and Tobacco Tax and Trade Bureau (TTB), which would have been renamed the Alcohol, Tobacco, and Cannabis Tax and Trade Bureau, would have been responsible for regulating marijuana in terms of interstate commerce and international trade. The TTB would have established a track and trace system for cannabis and authorized federal officials to issue packaging and labeling requirements for cannabis products.

The bill would have also grandfathered existing state-licensed cannabis operators into the federal regulatory framework to ensure continued patient access and incentivize participation in the legal market.

The fate of the States Reform Act remains uncertain in the GOP-controlled House, with the speaker position currently vacant. This legislative effort represents a significant step toward federal marijuana legalization, offering potential relief for individuals with prior convictions and a path forward for the cannabis industry.

This story was originally published by Marijuana Moment.