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Overwhelming Support for Marijuana Rescheduling Expressed in Public Comments to the Department of Justice

FOR IMMEDIATE RELEASE

July 23, 2024

CONTACT:

Aaron Smith, NCIA CEO and Co-Founder
(888) 683-5650, Aaron@TheCannabisIndustry.org


Cy Scott, Headset CEO

(888) 784-3237, cy@headset.io

 

Overwhelming Support for Marijuana Rescheduling Expressed in Public Comments to the Department of Justice

Cannabis industry advocates press for swift reclassification accompanied by guidance that protects existing state-based cannabis programs

WASHINGTON, D.C. – A sixty-day public comment period for the Department of Justice’s proposal to reclassify marijuana from a Schedule I to a Schedule III substance in the Controlled Substances Act closed last night.


More than 40,000 comments were submitted by various agencies, organizations, academics, and concerned citizens. An overwhelming 91% of comments were submitted in favor of the rescheduling proposal or making it legal under federal law, according to an analysis of the data conducted by Headset. The analysis found that among those supporting a change 56% advocated for complete descheduling of cannabis and 35% supported rescheduling to a less restrictive category.

The National Cannabis Industry Association (NCIA) submitted comments supporting the proposal to move cannabis to Schedule III and is also calling for administrativeguidance to ensure that state cannabis programs are protected from federal interference. The association, which represents over 500 legal cannabis businesses, also called on further action to remove cannabis from the Controlled Substances Act (CSA) and establish federal regulations for the drug.


“It’s clear: decades of scientific data, medical literature, and the experience of millions of American patients using it legally under the care of a physician all show that marijuana absolutely does not belong in Schedule I of the CSA. Reclassifying marijuana to Schedule III is a positive first step in aligning federal and state law, however, we continue to assert that removing marijuana from the CSA entirely would be the best and most appropriate action.


We again emphasize that any reclassification of marijuana should be accompanied by guidance to ensure successful state programs are not disrupted by inappropriate federal enforcement of the CSA. Public health and safety are best served by the elimination of the illicit market and the regulation of marijuana and marijuana products. We urge the relevant departments to move expeditiously in publishing the final rule related to this topic,” NCIA’s comments conclude.

NCIA also submitted statements from dozens of members attesting to the successes seen with state cannabis regulation as well as the medical value of cannabis.

Read NCIA’s complete comments here.

Just over half of Americans live in a state that has made cannabis legal for adults over 21 and three out of four Americans live in a state that has legalized cannabis for medical use. A November 2023 Gallup survey found that 70% of Americans support making cannabis legal for adults and a recent Pew Research Center poll found that less than 10% of Americans still support marijuana prohibition. 

 

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The National Cannabis Industry Association (NCIA) is the largest cannabis trade association in the U.S. and the only organization representing small and independent cannabis-related businesses at the national level. NCIA promotes the growth of a responsible, sustainable, and inclusive cannabis industry and works for a favorable social, economic, and regulatory environment for that industry throughout the United States.

Illinois Lawmakers Move to Regulate Cannabis for Adult Use

State would be 11th to make cannabis legal for adults, first to regulate legal market through its legislature

 

SPRINGFIELD, Ill. – Illinois is likely to become the 11th state to make cannabis legal for adults after the state House of Representatives passed the Cannabis Regulation and Tax Act on Friday. The Senate approved the bill on Wednesday. Illinois is the first state to pass legislation regulating the adult-use cannabis market through its legislature. Governor J.B. Pritzker has pledged to sign the bill into law.

“Illinois lawmakers made history today by being the first state legislature to not only end the madness of prohibition but also by creating a regulated market for the production and sale of cannabis products to adults,” said Aaron Smith, executive director of the National Cannabis Industry Association (NCIA). “This bill will generate revenue, create jobs, improve public safety by replacing criminal markets with legitimate businesses, and takes important steps to help marginalized communities access business opportunities in the newly-legal industry.”

The Cannabis Regulation and Tax Act, which would take effect on January 1 of next year, makes it legal for adults age 21 and older to possess 30 grams or less of raw cannabis, five grams of cannabis concentrate, and cannabis infused products with up to 500 mg of THC, as well as to purchase those amounts from licensed retail establishments. The bill requires the state to establish a regulatory structure to license and oversee dispensaries, processors, craft growers, cultivation centers, and transporters, and establishes specific tax rates for different types of cannabis products in addition to the state sales taxes and a local tax of up to 3.5%. Registered medical cannabis patients would be able to cultivate up to five plants in their residences, but this allowance does not extend to all adults.

The legislation also includes several provisions to help repair some of the harm caused by racially disparate enforcement of marijuana laws and to ensure equity and diversity in the legal cannabis industry. All convictions for possession of amounts of cannabis made legal under the bill will be automatically expunged, with opportunities to appeal for expungement of convictions for larger amounts. Business applicants who have been harmed by prohibition or have ties to communities that have been disproportionately impacted will receive additional points in the licensing process, and the legislation calls for the creation of local bodies to guide the reinvestment of cannabis revenue in those communities. The bill also creates a fund to provide financial assistance to small business applicants as well as pilot training programs throughout the state to prepare people for jobs in the cannabis industry.

“It is fitting that the Land of Lincoln is moving forward with such extensive measures to reverse the damage done to people of color and low-income communities by the government’s senseless war on cannabis consumers,” continued Smith. “We cannot continue to pursue legalization without considering restorative justice, and Illinois is definitely starting on the right foot in this regard.”

There are currently 10 states, as well as the District of Columbia and the territory of CNMI, in which cannabis is legal for adults. All except D.C. and Vermont allow regulated production and sales, and Washington is the only state that does not permit limited home cultivation.

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