Aligning Federal and State Laws: The Urgent Case for De-Scheduling Cannabis Nationwide

One of the fastest-growing, vertically integrated cannabis companies in the U.S., has issued an open letter to President Biden, Former President Trump, and Vice President Harris urging them to completely de-schedule cannabis and to grant clemency to those incarcerated in federal prison for nonviolent marijuana offenses.

Dear President Biden, Former President Trump, and Vice President Harris,

Our nation has spoken, and it demands change in federal cannabis laws. The call isn't just for rescheduling but for complete de-scheduling.

On July 22, 2024, the Drug Enforcement Administration’s (DEA) comment period on the Health and Human Services (HHS) recommendation to reclassify cannabis from a Schedule 1 to Schedule 3 drug ended. The DEA received over 42,000 public comments, the most for any proposal in its history. The level of public engagement was unprecedented.

While public comments overwhelmingly favor removing cannabis from Schedule 1, nearly 70% support complete de-scheduling. This perspective aligns with the reality that over 74% of Americans live in states where marijuana is legal for either recreational or medical use. The American public increasingly views cannabis like tobacco and alcohol, not as an illicit or even pharmaceutical drug.

Cannabis legalization has made significant strides at the state level. Over 74% of Americans reside in states where cannabis is legal for recreational or medical use. This widespread acceptance reflects a substantial shift in public opinion and state-level policies over the past decade.

As of 2024, 23 states and the District of Columbia have legalized cannabis for recreational use. These states have established regulatory frameworks that allow adults to purchase and consume cannabis products, similar to alcohol.

An additional 21 states have legalized cannabis for medical purposes, providing patients with access to cannabis for various health conditions. These states have created medical marijuana programs that include dispensaries, patient registries, and guidelines for medical use.

Despite the state-level legalization, cannabis remains a Schedule 1 substance under federal law, creating a complex legal environment. This classification considers cannabis as having no accepted medical use and a high potential for abuse, contrary to the growing body of research and state laws.

The legal cannabis industry has become a significant economic driver, generating billions in tax revenue and creating thousands of jobs. States with legalized cannabis have seen substantial economic benefits, from increased business opportunities to funding for public services through cannabis taxes.

Legalization at the state level has also led to significant criminal justice reforms. Many states have implemented measures to expunge cannabis-related convictions, reducing the long-term impact of past offenses on individuals' lives. Additionally, the reduction in cannabis-related arrests has eased the burden on the criminal justice system.

State regulations have focused on ensuring the safety and quality of cannabis products through stringent testing and labeling requirements. Legal markets also provide safer alternatives to the illicit market, reducing the risks associated with unregulated cannabis products.

Rescheduling cannabis to Schedule 3 will not resolve the issues created by Schedule 1 classification, such as unnecessary incarcerations and loss of qualified workforce applicants, nor will it relieve the millions of Americans whose right to use cannabis is curtailed by federal prohibition.

It is time for the federal government to follow the lead of the states and the people, who have driven the progress in legalizing and regulating cannabis. De-scheduling, rather than rescheduling, will empower individual states to determine what makes sense for their communities.

President Biden, we urge you to fulfill your campaign promises to decriminalize marijuana, release cannabis prisoners, and expunge cannabis convictions. Grant clemency to the approximately 3,000 individuals incarcerated for nonviolent marijuana offenses, many of whom are serving life sentences. Continuing their incarceration extends the harmful legacy of the War on Drugs and stains our justice system. No one should be imprisoned for a plant. We have consistently advocated for this, including urging then-President Trump in 2021 to pardon Parker Coleman.

Amidst America's many divisions, one issue unites a vast majority of both Democrats and Republicans: the need for federal cannabis law reform.

We believe that any presidential candidate who champions de-scheduling cannabis will gain significant voter support. Therefore, it is crucial for the American public to know your stances on federal cannabis legalization.

Leadership is desperately needed on this issue. On behalf of Glass House Brands, we strongly urge all three of you to embrace de-scheduling cannabis. In this case, the bold choice is the right choice.

Sincerely,

Kyle Kazan, Chairman and Chief Executive Officer of Glass House Brands

Graham Farrar, Director and President of Glass House Brands.

Should the federal government de-schedule cannabis to align with state laws?