Mandelbaum Barrett PC: U.S. Senators Reintroduce Proposed Legislation Seeking to End Federal Prohibition of Cannabis

On May 1, 2024, Senators Booker, Schumer, and Wyden reintroduced the Cannabis Administration and Opportunity Act (“CAOA”), a groundbreaking piece of legislation aimed at ending the federal prohibition of cannabis, a day after the U.S. Drug Enforcement Administration (“DEA”) recommended reclassifying cannabis from Schedule I to Schedule III. The bill reflects the overwhelming support among Americans, with 91% favoring legalization for either adult or medical use. Senator Booker emphasized the need to address the injustices of the War on Drugs, particularly its disproportionate impact on marginalized communities. Leader Schumer highlighted the importance of federal policy aligning with public attitudes toward cannabis, emphasizing safety, research, workers’ rights, and restorative justice. Senator Wyden stressed the significance of prioritizing public health, safety, and social justice in cannabis reform efforts.

The CAOA establishes a federal regulatory framework to safeguard public health and safety, promote restorative and economic justice, and empower states to regulate cannabis laws according to their constituents’ preferences. It removes cannabis from the Controlled Substances Act, directs funds to prevent youth cannabis use, and enhances support for substance abuse treatment. Additionally, the bill addresses public safety concerns by regulating impaired driving, combatting black market activities, and incentivizing states to adopt cannabis open container laws.

Moreover, the CAOA regulates and taxes cannabis by transferring federal jurisdiction to the Alcohol and Tobacco Tax and Trade Bureau, implementing excise taxes, and promoting market competition. The bill also encourages cannabis research by funding studies on legalization impacts and clinical trials on medical cannabis use. It prioritizes restorative and economic justice by reinvesting tax revenue in affected communities, expunging past convictions, and supporting individuals adversely impacted by prohibition.

Furthermore, the CAOA strengthens workers’ rights by removing unnecessary drug testing for cannabis, ensuring protections for cannabis industry employees, and funding education and enforcement initiatives. This reintroduction of the CAOA underscores a comprehensive approach to cannabis reform, addressing various aspects from public health and safety to social justice and economic empowerment.

The text of the bill can be found here. A summary of the introduced CAOA can be found here.

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Author Bios

Canada
Matt Maurer – Minden Gross
Jeff Hergot – Wildboer Dellelce LLP

Costa Rica
Tim Morales – The Cannabis Industry Association Costa Rica

Nicaragua
Elvin Rodríguez Fabilena

USA

General
Julie Godard
Carl L Rowley -Thompson Coburn LLP

Arizona
Jerry Chesler – Chesler Consulting

California
Ian Stewart – Wilson Elser Moskowitz Edelman & Dicker LLP
Otis Felder – Wilson Elser Moskowitz Edelman & Dicker LLP
Lance Rogers – Greenspoon Marder – San Diego
Jessica McElfresh -McElfresh Law – San Diego
Tracy Gallegos – Partner – Fox Rothschild

Colorado
Adam Detsky – Knight Nicastro
Dave Rodman – Dave Rodman Law Group
Peter Fendel – CMR Real Estate Network
Nate Reed – CMR Real Estate Network

Florida
Matthew Ginder – Greenspoon Marder
David C. Kotler – Cohen Kotler

Illinois
William Bogot – Fox Rothschild

Massachusetts
Valerio Romano, Attorney – VGR Law Firm, PC

Nevada
Neal Gidvani – Snr Assoc: Greenspoon Marder
Phillip Silvestri – Snr Assoc: Greenspoon Marder

Tracy Gallegos – Associate Fox Rothschild

New Jersey

Matthew G. Miller – MG Miller Intellectual Property Law LLC
Daniel T. McKillop – Scarinci Hollenbeck, LLC

New York
Gregory J. Ryan, Esq. Tesser, Ryan & Rochman, LLP
Tim Nolen Tesser, Ryan & Rochman, LLP
Cadwalader, Wickersham & Taft LLP

Oregon
Paul Loney & Kristie Cromwell – Loney Law Group
William Stewart – Half Baked Labs

Pennsylvania
Andrew B. Sacks – Managing Partner Sacks Weston Diamond
William Roark – Principal Hamburg, Rubin, Mullin, Maxwell & Lupin
Joshua Horn – Partner Fox Rothschild

Washington DC
Teddy Eynon – Partner Fox Rothschild