Federal Cannabis Regulation

Rep. Dave Joyce, R-Ohio, and House Minority Leader Hakeem Jeffries, D-N.Y., announced April 17 that they reintroduced the Preparing Regulators Effectively for a Post-Prohibition Adult Use Regulated Environment (PREPARE) Act.

The legislation intends to create a fair, honest and transparent process for the federal government to establish effective regulations when cannabis is “inevitably” legalized in the U.S. More specifically, the bill would allow experts to weigh in on the best pathway to transition from the current state-by-state patchwork of legalization to an interstate market.

This process would equip lawmakers in Washington with an understanding of how to implement reform without reinventing the wheel. Absent engagement with industry experts, it is unlikely Congress will establish policies that align with American interests, the representatives said.

“Currently, nearly all 50 states have legalized or enacted cannabis to some degree, bringing us closer to the inevitable end to federal cannabis prohibition,” Joyce said in a press release. “Recognizing this reality, the PREPARE Act delivers a bipartisan plan. With this legislation, Congress would be equipped to 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.”

Under federal prohibition, however, state-legalized cannabis markets are restricted to intrastate commerce from seed to sale, falling under varying regulatory systems. A federally legalized landscape has the potential to disrupt these individualized systems.

Under the PREPARE Act, the U.S. attorney general would be required to establish the “Commission on the Federal Regulation of Cannabis” to study a plausible and prompt pathway to cannabis regulation in an intrastate framework that’s similar to alcohol.

Primarily, the legislation would:

• Direct federal regulators to develop a regulatory and revenue framework to ensure safe production and consumption of cannabis, which would account for the unique needs, rights and laws of each state, and present such a framework to Congress within one year;
• Build upon the efforts undertaken by recent administrations of both political parties to remedy the unjust consequences of the war on cannabis, particularly those suffered by minority, low-income and veteran communities;
• Help grant medical professionals critical research access and training;
• Develop protections for the hemp industry, including cross-pollination prevention efforts; and
• Help ensure that, absent the physician-prescribed treatment of a minor, cannabis remains an adult-only product.