David Feldman

Schumer Calls for Cannabis Decriminalization

Senate Minority Leader Chuck Schumer has officially joined a rapidly growing number of US legislators calling for the federal decriminalization of cannabis. Last Friday, he tweeted: “THREAD: It’s official. Today, I am formally announcing my plan to decriminalize marijuana at the federal level. It’s time we allow states, once and for all, to have the power to decide what works best for them.” Then later in the day he tweeted, “The time has come to decriminalize marijuana. My thinking – as well as the general population’s views – on the issue has evolved, and so I believe there’s no better time than the present to get this done.”

To be clear, Schumer is not suggesting full legalization, merely decriminalization. This could mean that while cannabis would still be illegal under federal law, possession would bring only a fine or the like, rather than jail. In a video attached to his tweet, he talked about how people of color have been disproportionately affected by incarceration for possession of small amounts of cannabis.

This follows an apparent historic agreement a week ago between President Trump and Sen. Cory Gardner (R-CO) to move forward with legislation that would protect states’ rights with regard to cannabis. This could mean a permanent ban on federal enforcement of those complying with state cannabis laws. Many hope such a bill could address the challenges with banking in the industry, as well as IRS Code Section 280E, which prohibits the deductibility of business expenses of those in cannabis.

In addition, Senate Majority Leader Mitch McConnell has introduced a bill to legalize industrial hemp. Finally, there are three pending bills in Congress which would fully deschedule and legalize cannabis nationwide, much like Canada appears to be on the verge of doing. It does indeed appear that things are moving rather quickly in the direction of dramatically improved federally legal status of cannabis.