United States: Senator introduces a new proposal for the federal legalization of cannabis

A Democratic senator on Thursday introduced a new bill to legalize cannabis at the federal level, creating another avenue through which Congress could pass cannabis legalization. The bill, sponsored by Senator Tina Smith, would remove the Cannabis of the Controlled Substances Act and would direct several federal agencies to develop regulations for cannabis.

Title Substance Regulation and Safety Act, the bill of law would declassify cannabis, require the U.S. Department of Health and Human Services (HHS) to develop rules for cannabis, create a national research institute to assess the risks and benefits of cannabis, require the U.S. Department of Agriculture to impose quality controls, and require the Department of Transportation to study methods for detecting THC-impaired driving.

The judicial amnesty provisions would be «retroactive and apply to any offence committed [...] before, on or after the date of promulgation of this law», states the text of the bill.

HHS is expected to develop a «national strategy to prevent the use and abuse of cannabis by youth, with particular attention to youth vaping of cannabis products». In addition, the text of the law states that the department would be required to «regulate cannabis products in the same manner and to the same extent» as tobacco, with purchases permitted from the age of 21. This includes «applying all labeling and advertising requirements that apply to tobacco products under this Act to cannabis products».

U.S. Customs and Border Protection would be tasked with working with other agencies to develop policies allowing cannabis imports and exports.

The legislation also contains racial justice provisions. For example, HHS should consult «consult with civil rights stakeholders» to determine «whether cannabis abuse prevention strategies and policies are likely to have racially disparate impacts» within 100 days of the bill's enactment.

The agencies responsible for establishing these regulations would have one year after the bill's passage to finalize the rules.

Another text is currently being studied to legalize cannabis in the United States, with a vote expected in September. Democratic candidate Joe Biden did not include cannabis legalization in his platform, however, preferring to a more modest approach.