Senate Democrats Reintroduce Comprehensive Cannabis Descheduling and Regulation Legislation
- The Cannabis Administration and Opportunity Act (CAOA), reintroduced in the Senate, seeks to end federal cannabis prohibition and create a regulatory framework for its production, sale, and use.
- Sponsored by Senators Booker, Schumer, Wyden, and others, the bill removes marijuana from the Controlled Substances Act, allowing states to set their own policies and promoting expungement, research, and economic opportunities related to cannabis.
- Despite widespread state legalization for medical and adult use, cannabis remains a Schedule I substance federally, hindering research, banking, and interstate commerce for cannabis businesses.
- Federal efforts to reschedule cannabis to Schedule III face legal challenges, emphasizing the urgency for Congress to adopt evidence-based policies that align federal law with state legalization and address the harms of prohibition.
The National Organization for the Reform of Marijuana Laws (NORML) welcomes the reintroduction of the Cannabis Administration and Opportunity Act (CAOA). This comprehensive Senate bill ends the federal prohibition of cannabis and establishes a regulatory framework governing its production, sale, and use.
Sponsored by Senators Cory Booker (D-NJ), Chuck Schumer (D-NY), and Ron Wyden (D-OR), along with 13 other Democratic original cosponsors, the legislation removes marijuana from the federal Controlled Substances Act, thereby allowing states to determine their own cannabis policies without undue federal interference while also significantly reducing or eliminating federal penalties for most cannabis-related behavior. The bill also includes provisions to facilitate expungement and resentencing for cannabis-related convictions, promote research, expand economic opportunities, and address many of the collateral consequences associated with cannabis criminalization.
“The continued federal prohibition of marijuana is increasingly out of step with public opinion, state laws, and scientific evidence,” said NORML Political Director Morgan Fox. “Nearly all Americans live in jurisdictions where cannabis is legal for either medical or adult use. It is time for Congress to enact policies that reflect this reality and finally bring the failed experiment of marijuana prohibition to a close.”
Currently, nearly every state has enacted laws permitting the medical use of cannabis in some form, and 24 states and several territories regulate its adult-use possession and sale. Yet the cannabis plant remains classified under federal law as a Schedule I controlled substance — a designation reserved for substances deemed to have no accepted medical use and a high potential for abuse. This classification creates unnecessary barriers to research, banking services, interstate commerce, and other activities involving state-legal cannabis businesses and consumers.
In April, Acting Attorney General Todd Blanche ordered the immediate rescheduling of state-licensed medical cannabis products and FDA-approved cannabinoid drugs to Schedule III. However, this order is facing legal challenges which could invalidate it. A DEA hearing to consider moving all cannabis products to Schedule III concluded on July 15 but a judicial recommendation has yet to be issued.
“The question is no longer whether cannabis prohibition has failed,” Fox said. “The question before Congress is whether federal lawmakers are willing to adopt a modern, evidence-based approach that prioritizes public health, personal freedom, and responsible regulation. It is incumbent on lawmakers to take action now to eliminate the conflict between state and federal law and start undoing the harms caused by these disastrous policies.”