Congress Could Be Quickest Way to Reclassify Marijuana

Earlier this month, the United States Supreme Court thrust cannabis rescheduling into even deeper uncertainty. This comes after the court’s ruling directed that no deference be afforded to how federal agencies interpreted laws when Congress left room for ambiguity.

This move may have increased the time it will take to reschedule marijuana because it offered new lines of attack to those what oppose the move. It is expected that the opposition could use the Loper v. Bright ruling, among other attacks, to hinder progress on rescheduling.

This comes after President Joe Biden directed that the U.S. Department of Health and Human Services begin a process to reschedule cannabis and the department determined that the drug did have accepted medical use.

Even with this setback in mind, however, Congress still has the power to decide on marijuana rescheduling. This is because this branch of the government should have been the one to make the decision anyway. Based on its track record,  however, Congress often fails to exercise its mandate fully.

This can be seen in the fact that medical cannabis is still illegal at the federal level, despite having a 90% approval rate.

In a recent report, the Congressional Research Service stated that Congress could easily and with greater flexibility and speed, move cannabis to Schedule 3. If current circumstances play out like this, the legalization of marijuana may be soon be at the forefront again.

It helps that most voters are also in favor of the drug’s legalization, with Gallup determining that at least 70% of voters would want to see the drug legalized.

For marijuana to be rescheduled via Congress and succeed, voters will need to elect legislators who are more procannabis. This is doable, particularly when one considers that 35 million frequent marijuana users are eligible to vote.

A survey carried out earlier in the year also determined that promarijuana campaign promises could motivate consumers of cannabis to vote in November. The poll also determined that 59% of voters who likely used marijuana regularly would vote for a procannabis candidate, regardless of the party the candidate belonged to.

The poll was filled by 635 respondents, all of whom were registered voters who consumed marijuana frequently. Its results also highlighted the potential for bipartisan legislation, urging GOP voters as well as Democrats to push for cannabis descheduling.

Consumers, activists and companies are also encouraged to become more involved in the positions of their respective parties. Only then will the industry and its major players such as SNDL Inc. (NASDAQ: SNDL) see the meaningful reforms that would enable rapid growth in the sector.

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