Democratic Senator John Hickenlooper of Colorado on Thursday introduced legislation designed to prepare the country for national cannabis legalization, laying the groundwork for drafting regulations to govern legal marijuana at the federal level. The bill, the Preparing Regulators Effectively for a Post-Prohibition Adult Use Regulated Environment (PREPARE) Act, directs the U.S. attorney general to develop a regulatory framework to be in place for the eventual federal legalization of cannabis by Congress, which is likely inevitable as the popularity of cannabis policy reform continues to grow.

Hickenlooper was the governor of Colorado when voters legalized recreational marijuana with the passage of Amendment 64 in 2012. A month later, he convened the Amendment 64 Task Force to provide recommendations for the establishment of regulations that set the stage for Colorado’s successful legal cannabis industry. Last month, 10 years after Amendment 64 was approved by Colorado voters, Hickenlooper revealed that he planned to introduce the bipartisan PREPARE Act to create a similar commission at the federal level. 

“A decade after Colorado pioneered marijuana legalization, Americans overwhelmingly support the same at the federal level,” Hickenlooper said in a statement from the senator’s office. “This bipartisan, bicameral framework, based on Colorado’s Amendment 64 Task Force, will replicate our success nationally.”

Companion Measure To House Bill

Hickenlooper’s legislation is a companion bill to a House version of the measure sponsored by Representative Dave Joyce, a Republican from Ohio.

“I’m thrilled that the PREPARE Act has been introduced in the Senate, making it not only further bipartisan, but bicameral, and bringing it one step closer to becoming law,” said Joyce. “This legislation gives lawmakers on both sides of the aisle the answers they need to effectively engage on cannabis reform, safely and effectively regulate it, and remedy the harms caused by the failed war on cannabis.” 

“With those answers, Congress can develop a much-needed federal regulatory framework that not only respects the unique needs, rights, and laws of each state, but also ensures a responsible end to prohibition and a safer future for our communities,” he continued. “I was proud to lead the introduction of this commonsense bill in the House and thank Senator Hickenlooper for advancing it in the Senate.”

The bill directs the attorney general to establish a “Commission on the Federal Regulation of Cannabis” to advise on the development of a regulatory framework, which would be modeled after existing federal and state regulations for alcohol. The 24-member commission would consist of representatives from relevant government agencies and offices, individuals nominated by Senate and House leadership and individuals nominated by other government agencies.

The legislation requires the plan developed by the commission to account for the unique needs, rights and laws of each state, and directs the commission to present the plan to Congress within one year of enactment of the PREPARE Act. The commission would not have rulemaking authority. The panel’s only role would be to develop proposals and make policy recommendations.

The regulatory framework developed by the commission would be required to include “ways to remedy the disproportionate impact cannabis prohibition has had on minority, low-income and veteran communities; encourage research and training access by medical professionals; encourage economic opportunity for individuals and small businesses; and develop protections for the hemp industry,” according to Hickenlooper’s office.

Growing Support For Cannabis Policy Reform

Hickenlooper’s bill highlights the growing support for cannabis policy reform in the United States. In October, President Joseph Biden announced he would pardon all federal convictions for simple marijuana possession, and last week a new Pew Research poll found that 90% of Americans favor legalizing cannabis in some form.

“President Biden recently—and correctly—declared the federal government’s categorical criminal ban on cannabis a failure and urged executive leadership at the state and federal levels to take concrete steps to bring about rational reform,” Shane Pennington, an attorney with the cannabis and psychedelics law firm Vicente Sederberg LLP, wrote in an email to High Times. “The PREPARE Act seeks to ready the federal government for the far broader reforms, which are now imminent. Undoing decades of inane cannabis laws and regulations will require a coordinated and concerted effort at every level of government and among countless federal agencies. The PREPARE Act would lay the necessary groundwork to ensure that the federal government carries out legalization in a fair, efficient, and effective manner.”

Khadijah Tribble, the CEO of the trade group the US Cannabis Council, said the “Biden administration’s review of cannabis scheduling, midterm ballot measures, and polling on cannabis decriminalization all signal that the end of cannabis prohibition isn’t just inevitable — it’s imminent. The PREPARE Act would help ensure that the federal government has a plan in place to ensure a smooth and responsible transition to legal cannabis.” 

“We commend Sen. Hickenlooper and his counterparts in the House for the forethought and attention reflected in the PREPARE Act’s robust legislative framework, which wisely aims to also address the unjust consequences of the War on Drugs by developing recommendations on social equity and policies that create economic opportunity for minority entrepreneurs who want to operate in the legal marketplace,” she continued. “The US Cannabis Council will continue to work with Congress to help the nation get ready for the day legal cannabis is the law of the land.” 

The PREPARE ACT is supported by a range of stakeholders and cannabis policy reform advocates including the US Cannabis Council (USCC), the City of Denver, the National Hispanic Cannabis Council, Black Cannabis Equity Initiative, VS Strategies, Vicente Sederberg LLP, Metric, National Cannabis Industry Association, and Better Organizing to Win Legalization.

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Does federal legalization only matter if the provinces agree? One man is challenging Quebec’s personal cannabis cultivation ban and, after three years, the case has reached the Supreme Court.

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Sorry, Big Weed. This one’s only for the little guy.

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In this episode: The total rundown on the Cannabis Administration Opportunity Act and how to beat the heat with weed!

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A bill introduced this week could give radio and TV stations the freedom to advertise cannabis brands without fear of losing their FCC license.

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It’s similar to the MORE Act, which already passed the House, but different in a few key areas.

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With Congress set to break for its traditional August recess––and with this year’s midterm elections drawing nearer––Democrats in the Senate finally appear ready to introduce a bill that would end the federal prohibition on pot.

The Senate Subcommittee on Criminal Justice and Counterterrorism has scheduled a hearing for next week that is titled, “Decriminalizing Cannabis at the Federal Level: Necessary Steps to Address Past Harms.”

The chair of the subcommittee, Sen. Cory Booker (D-NJ), has taken a leading role in crafting the Senate’s cannabis reform legislation.

The hearing is scheduled for Tuesday.

Bloomberg had reported previously that Senate Democrats intended to introduce the bill this week.

Whenever the legislation drops, it will represent long-awaited action from a Democratic caucus that has moved methodically on cannabis reform––despite repeated pledges from party leaders that it will get done.

At the beginning of April, Democrats in the House of Representatives passed their own pot legalization package: the Marijuana Opportunity, Reinvestment, and Expungement (MORE) Act, which would deschedule cannabis from the Controlled Substances Act.

Senate Democrats said they would move forward with their own cannabis reform bill that has been overseen by Booker, Oregon Sen. Ron Wyden and Senate Majority Leader Chuck Schumer. 

After previously saying that the Senate would release its own version by the end of April, Schumer said that the bill would likely be introduced closer to the Congressional recess in August.

And after recent suggestions that Senate Democrats might be looking to offer up a more modest reform package, it now appears that they will seek to match the House and end the federal prohibition as well.

Politico reported last month that Schumer “doesn’t have the votes to pass a sweeping marijuana decriminalization bill — despite repeatedly touting his support for ending federal prohibition,” and that “realization is leading Senate Democrats to look for a compromise on weed.”

But Bloomberg reported last week that Democrats will indeed introduce the bill that Booker, Wyden and Schumer have been working on: the Cannabis Administration and Opportunity Act, which will also remove pot from the Controlled Substances Act, although it would also give states discretion to establish their own cannabis laws.

Bloomberg noted that “the legislation faces long odds in the evenly divided chamber,” with 60 votes necessary for passage.

The bill faces significant opposition from Republicans in the chamber, and even some Democratic members.

President Joe Biden has long said that he is in favor of decriminalization of cannabis, but not outright legalization––though he has struggled to explain the distinction.

Earlier this week, Biden reiterated his belief that no one “should be in prison for the use of marijuana,” and said that he is working with Congress on a bill to fulfill his promise to release inmates serving time for pot-related offenses.

It is unclear whether he supports either the House’s MORE Act or the Senate’s Cannabis Administration and Opportunity Act.

Despite the slow-motion progress of the bill in the Senate, Schumer has been unequivocal in his support for sweeping cannabis reform.

“We will move forward,” Schumer told Politico last year. “[Biden] said he’s studying the issue, so [I] obviously want to give him a little time to study it. I want to make my arguments to him, as many other advocates will. But at some point we’re going to move forward, period.”

“In 2018, I was the first member of the Democratic leadership to come out in support of ending the federal prohibition. I’m sure you ask, ‘Well what changed?’ Well, my thinking evolved. When a few of the early states—Oregon and Colorado—wanted to legalize, all the opponents talked about the parade of horribles: Crime would go up. Drug use would go up. Everything bad would happen,” he added. “The legalization of states worked out remarkably well. They were a great success. The parade of horribles never came about, and people got more freedom. And people in those states seem very happy.”

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The MORE Act is moving to Senate which means the US is one step closer to federal legalization. What will that mean for the Canadian cannabis industry?

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One of the most pressing current issues for cannabis advocates across the country is how U.S. senators, including GOP party members, plan to vote on multiple pieces of federal legislation to end the prohibition of cannabis. Ten or more GOP senators, as well as every Democrat vote, would be needed to pass.

Shortly after the advancement of the MORE (Marijuana Reinvestment and Expungement) Act in the U.S. House of Representatives, a journalist from CNS News confronted several senators at the Capitol on April 5 and asked them if they themselves consume cannabis. The senators disagreed on whether or not cannabis should be legalized and left up to states to decide—almost entirely on party lines. 

CNS News asked Senator Ted Cruz, “The House voted last week to legalize cannabis. Do you use cannabis, and if not, why not?”

“I don’t because it’s illegal and because it’s harmful to you, Senator Cruz replied. “It’s not healthy.” Senator Cruz has flip-flopped back and forth on the topic of cannabis over the past several years.

Forbes Senior Contributor Kris Kane listed Senator Cruz as one of “The 5 Worst U.S. Senators on Marijuana Policy.” One can only wonder why he was included on the list, despite occasionally being on the side of cannabis when it suits him. 

Senator Cruz’s statement was followed up by other GOP senators, including Senators James Lankford and Rick Scott. When also asked if he consumes cannabis, Senator Lankford said, “Do I use it? No, I absolutely do not.”

Lankford added that consumers need to follow the science. “I understand the House is going to try and skip the science and say we’re not going to look into that because people use it; we’re just going to allow it,” said Lankford. “But increasing the use of cannabis doesn’t make our streets safer, doesn’t make our workplaces safer; it doesn’t make our families stronger.”

Senator Rick Scott said, “Okay, I don’t support that. I’ve had family members who have had a lot of drug issues, and so I’m not going to do it.”

One Democrat was also interviewed. Senator Elizabeth Warren was also asked if she smokes cannabis by a CNS News correspondent, and alluded that you don’t have to consume it to understand that cannabis should be legalized. “I don’t use it, but I believe it should be lawful,” she said. “We need to regularize our banking laws and our tax laws around a business that will bring in billions of dollars for users and take a lot of risk out of a system right now that is legal in some places, but illegal at the federal level, and it makes no sense.”

April 1, the U.S. House of Representatives voted and passed the MORE Act, or H.R. 3617, in a floor vote. It’s the second time the U.S. House of Representatives approved the bill as the historic piece of legislation makes its way to the Senate.

The MORE Act was approved on a mostly party-line 220-204 vote. A previous version of the bill was approved in December 2020—also on a mostly party-line vote—and was the first comprehensive cannabis policy reform legislation to receive a floor vote or be approved by either chamber of Congress.

“Specifically, it removes marijuana from the list of scheduled substances under the Controlled Substances Act and eliminates criminal penalties for an individual who manufactures, distributes, or possesses marijuana,” the bill summary reads.

The MORE Act faces what some call an uphill battle, as it would need GOP support to approve the bill and send it to President Joe Biden’s desk.

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The Louisiana native spoke to Leafly about his plans to push for federal legalization and mass-expungements if elected.

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