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Cannabis Decriminalization at the Federal Level: Will it Ever Happen?


Ten years ago Coloradans voted to become the first state to allow commercial sales to adults ages 18 and up with the approval of Amendment 64 which legalized recreational marijuana. Contrary to popular belief cannabis is not for sale in all cities in Colorado. Colorado Springs recently voted against legalizing recreational marijuana sales. Yet there is hope for the rest of the country.


On Tuesday, November 15th, the U.S. House Committee on Oversight and Reform Subcommittee on Civil Rights and Civil Liberties held a bipartisan hearing to examine all things cannabis. More specifically the decriminalization of cannabis at the federal level, racial discrepancies in the criminal justice system, access to care for veterans, developments in state cannabis laws and safe banking solutions for cannabis businesses were amongst issues addressed.


Main witnesses at the hearing included (in no particular order): Keeda Haynes, Senior Legal Adviser at Free Hearts; Paul Armentano, Deputy Director of the National Organization for the Reform of Marijuana Laws (NORML); Andrew Freedman, Senior Vice President at Forbes Tate and Executive Director of the Coalition for Cannabis Policy, Education, and Regulation (CPEAR); Eric Goepel, Founder and CEO of the Veterans Cannabis Coalition; Amber Littlejohn, Senior Policy Adviser for the Global Alliance for Cannabis Commerce (GACC); Randall Woodfin, Mayor of Birmingham, Alabama; and Jillian Snider, Policy Director for R Street's Criminal Justice and Civil Liberties team.


During the hearing statistics and facts that paint a clear picture of the harm criminalizing cannabis has done to the U.S. were shared. An expungement would change more people’s lives than a pardon, especially people of color. Only 11% of banks and 4% of credit unions support cannabis companies causing many to risk unsafe alternatives. Opioid-related deaths decreased in states with legal cannabis. 40% of arrests nationwide are cannabis-related. Black people are 3.73 times more likely than whites to be arrested for marijuana (ACLU).


Now let’s talk about the extremely offensive and absurd comment from Congressman Pete Sessions (R-TX). After his rant about how the CDC warns against cannabis overdoses, fentanyl and marijuana correlation and anti-cop drug jargon, he compared cannabis reformation and legalization to slavery. Fortunately Mayor Randall Woofin (D) called him out on the floor letting him know that was unacceptable: “Words matter. Putting cannabis and slavery in the same category is patently offensive and flagrant.” Congressman Clay Higgins (R-LA) shared scientific analysis that current cannabis strains are testing at 3-4,000 times that of the ‘70’s. Of course he gave no sources. Talk about reefer madness at its finest.


Cannabis reformation won’t happen overnight. And it surely won’t happen with falsehoods being spread at the congressional level. With that being said, the push for cannabis legalization is ultimately in the hands of those of us already in the industry and well-versed in solid facts about the plant and the racial inequities caused by its criminalization.


Need help navigating the new and exciting world of cannabis? RZA Legal can help with that. Schedule a consultation to learn more about our services!


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After serving in-house, Brian moved into consulting, where he helped develop one of the nation’s first industry-specific liability insurance policies for a nationwide carrier. He later advised clients on competitive licensing applications and regulatory strategy across multiple jurisdictions, counseling on legislative, regulatory, and public policy matters. Brian joined RZA Legal in 2020, where he represents Colorado businesses and property owners throughout the full lifecycle of their operations and investments. His practice includes real estate acquisitions and dispositions, commercial leasing, land use and zoning matters, entity structuring and financing, contract negotiation, regulatory compliance, employment matters, and state and local government representation. He regularly works with mountain community clients navigating complex local regulations affecting development, use, and operation of real property. Brian also assists municipalities with drafting and revising ordinances governing regulated business activity, balancing operational realities, community priorities, and legal risk. Brian is active in legal scholarship and education. He has published in the University of Virginia Journal of Social Policy & the Law and the Pepperdine Law Review, written on regulatory reform for the Cannabis Industry Journal, and previously served as an adjunct professor of law at the University of Wyoming. Before practicing in Colorado, Brian worked in New York City in private practice and clerked for a judge on the U.S. Court of International Trade. Brian lives in Grand Lake, Colorado, with his wife and has volunteered as a first responder with Grand County Mountain Rescue and Rocky Mountain National Park Rescue since 2015. Outside of work, he enjoys backcountry skiing, playing old-time rock ’n’ roll, and spending time with family in New Jersey. Brian is licensed to practice law in Colorado, New Jersey, and New York. Optional closing sentence: You don’t have to navigate an evolving regulatory and real estate landscape alone—RZA Legal is prepared to guide you at every stage.

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