Marijuana: What federal legalization may look like

With a new administration in the White House but control of U.S. Senate unlikely to change, odds federal legalization marijuana next few years are remote. When it eventually happens, however, could come two basic forms: rescheduling and descheduling. Rescheduling would change from Schedule 1 narcotic—completely illegal under Controlled Substances Act—to 2 or 3, making legally available through medical prescription. Descheduling, by contrast, remove Act regulate separately, like recreational alcohol. Medical legalization, with some awkwardness. First, not be forms current consumers used to—no smokable joints, vape pens, pot chocolates, just traditional medicinal that pharmacists deal regularly, such as pills, oils, topical ointments. It therefore miss mark on consumer preferences, overwhelming majority today's market. Second, wouldn't happen overnight. Normal FDA approval for medicine takes 5 12 clinical testing. Third, state local jurisdictions lose tax revenues since legal is taxable. These rely medicine. The potential budget implications create political opposition across country party spectrum. Finally, big pharmaceutical companies take over nearly entire market, devastating existing industry. While industry now spread among most states, concentrate production jobs states. Descheduling too faces hurdles. Many states oppose national same reasons they have enacted legalization. Big Tobacco likely lion's share market undermine businesses. distribution points remain local, cultivation, product manufacturing, all related concentrated tobacco again destroying businesses sources. Facing these hurdles, compromise need address individual states' desires protect their against pressure massive players nationalize A solution hybrid system, limited physician-issued prescriptions those truly need. Separately, government allow an opt-in which protects industries. play key role creating uniform systems testing, potency, portion size, tracking, packaging, labeling, protection, enforcement. similar structure already exists regulation 21st Amendment Constitution rescinded prohibition nationwide, left primary We still appropriate uniformity, 12-ounce beer bottles every jurisdiction, wine labeled “merlot” means thing state. After major issues pandemic economy been addressed, public will push other elected officials genuine conversation about In opinion, evolving law, march toward continues. Therefore, important understand what may mean path long-term success. information provided herein intended general construed advice. If advice needed, please consult attorney. opinions expressed this article authors.