How possible is it that cannabis will be federally legalized in the United States? Now that the pro-cannabis Democratic party sits in the Presidency, the House of Representatives, and Senate majority, 2021 could be the year.
The Marijuana Opportunity Reinvestment and Expungement Act (MORE Act) was the bipartisan written legislation that would legalize cannabis in America. It was introduced in 2019, and few people gave it a chance, given the Republican-held majority in the House and the Senate. The Democrats held their majority in the House of Representatives in 2020.
The MORE Act was not expected to pass the House of Representatives. But it did. It was then given little to no chance of passing the Senate with the Republican party majority. Now everything has changed. The most prominent obstacles to cannabis legalization in the American legislature are gone. It is now anyone’s guess whether the Democratic majority will push forward with federal decriminalization and legalization of cannabis.
Financial Pressure May Make Federal Cannabis Legalization Happen Quickly
The pandemic is expected to have an astronomical impact on the American economy. Not just in the immediate term as the world struggles to reduce infection rates. But over the next ten years, the overall cost of the pandemic to the U.S. economy has been estimated at $16 trillion. It was dubbed the “greatest threat to prosperity and well-being since the Great Depression.” Quoted from a paper co-authored by the former Treasury Secretary and National Economic Council Director, Lawrence Summers.
America will need an infusion of new tax revenue to cope with the pandemic and economic recovery. And since Covid-19 has compromised global economies, making that recovery will be hard without a cash infusion. One of the fastest ways for the federal government to produce that revenue would be the legalization of cannabis. There is a 9% federal excise tax proposed in the MORE Act.
If the U.S. federal government legalizes cannabis, an estimated $132 billion in tax revenues could be generated annually. If that number sounds a little high, consider that the state of Colorado alone collected $1 billion in tax revenues in 2019.
The IRS Makes a Direct Statement of Guidelines to the Cannabis Industry
Another recent indicator is a presentation prepared by the Internal Revenue Service (IRS). According to an article on Marijuana Moment, a top official with the IRS prepared a statement in December 2020. It outlined taxation obligations for the U.S. cannabis industry.
The IRS Commission of the Small Business and Self-Employed Division, Eric Hvlton, stated:
“The challenge really there is, it’s still considered a Schedule I controlled substance under federal law,” he said. “However, when I’m talking with my employees and talking with them in our examination, we recognize that this is moving in a direction where potentially all states will have it legalized.”
That is a startling and encouraging statement to receive from a federal agency. And it was made before the change in leadership majority in the Senate. What were slim odds for federal legalization before January 2021 are improving.
Guns and Weed Don’t Mix: Having Both in Your Home Could Result in a Felony Charge
The federal government and the Drug Enforcement Agency (DEA) are clear about illicit substances and weapons. Initially, the intent of the prohibition of guns in dwellings (or vehicles) with a controlled substance was meant to stifle criminal activity. It served to increase penalties for organized crime and career criminals.
But the rule also unfairly penalized responsible gun owners in America. The ‘right to bear arms’ is protected under the Second Amendment of the United States Constitution. Americans are allowed to have guns to protect their safety and property.
While the feds saw the legalization of cannabis on the horizon, they may not have thought it would happen this quickly. And inadvertently, the Controlled Substances Act (CSA) created a new constitutional problem. A law-abiding citizen approved for the therapeutic use of cannabis could be committing a felony by merely owning a licensed handgun.
One of the cultural tenants of America is the right to bear arms. The slogan “I’ll give you my gun when you pry it from my cold, dead hands” did not originate with the National Rifle Association (NRA). But they proudly distribute the bumper stickers in support of the sentiment.
So bad guys (criminals) should never have guns and drugs. But good guys living in cannabis legal states had to choose between using marijuana for medicinal or recreational purposes and owning a gun. It also created a legal minefield for cultivators and dispensaries. Essentially, they could also face a felony for protecting their property.
Amending the MORE Act to Add Safe Guidelines for Cannabis and Gun Ownership
In the text of the current proposed legislation for the MORE Act, the conflict between access to cannabis and gun ownership is acknowledged. Federal lawmakers know that the right to bear arms is significantly important to the majority of citizens. And that policing non-violent weapons charges relating to cannabis possession would be a waste of resources.
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If Americans are given a choice between owning a gun for protection and cannabis, they won’t make a choice. Many of them will simply opt to break the law, hoping they won’t get caught. But since prohibiting weapons for a citizen is a violation of the Second Amendment of the Constitution, it is unlikely to remain unaddressed.
Medical cardholders and recreational users of cannabis have been told to surrender their weapons to law enforcement authorities for safe disposal. But the conflict between cannabis use and gun ownership is likely to escalate as lawmakers carry the MORE Act ahead in Congress.
Some have speculated that the law may remain in effect only for individuals charged with violent crimes. Or drug-related offenses and organized crime. That would enhance gun safety without compromising the right to bear arms for law-abiding citizens.
While the United States leads the world in violent gun crimes annually, the fundamental right to protect family and property is passionately held. And it will be interesting to see how Congress addresses or amends that legislation if the MORE Act moves forward to be ratified in 2021.
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