While marijuana is still considered an illegal Schedule I drug under federal law per the Controlled Substances Act, the United States Congress recently came close to passing a bill which sought to decriminalize cannabis on a national level.
For those in the trucking industry – which is highly regulated by the federal government – it's important to be aware of how (if at all) the changes in federal law on marijuana use may affect the operation of a commercial fleet.
By way of background, then-Senator Kamala Harris was one of the sponsors of the July 2019 Marijuana Opportunity Reinvestment and Expungement (MORE) Act. This bill sought to, among other things, decriminalize marijuana (establishing fines for infractions, as opposed to jail time), expunge certain prior marijuana-related convictions, and set up a fund to assist with substance abuse treatment. The MORE Act was passed in the Democrat-controlled House of Representatives in early December 2020 but ultimately died in the Republican-controlled Senate later that month.
With the former senator now being better known as Vice President Harris, it is anticipated that a bill similar to the MORE Act will be introduced in the coming months.
Senate Majority Leader Chuck Schumer (D-NY), Senator Corey Booker (D-NJ), and Senator Ron Wyden (D-OR) recently announced that they were in the process of drafting a new marijuana reform bill.
If the bill comes to fruition, it is anticipated that it will, once again, pass the Democrat-controlled House. However, with the Senate currently reflecting a 50-50 split among party seats, Harris, who also serves as President of the Senate, has the ability to cast a tie-breaking vote should senators vote on the bill along party lines. It is all but certain that Harris will vote in support of the bill, sending it to President Biden’s desk for final approval.
President Biden appears to support the federal decriminalization of marijuana by shifting it to a Schedule II substance under the Controlled Substances Act, making it more readily available for medicinal use and subject to Food and Drug Administration oversight. He does not currently support the legalization of marijuana – a trend that many states have recently undertaken. With that in mind, it is very possible that a bill, which is akin to the MORE Act, will be passed in the near future, making marijuana somewhat legal on a federal level.
