Determined to eliminate the uncertainty created by Jeff Sessions and the White House, Rep. Thomas Garrett introduced H.R. 1227 (the Ending Federal Marijuana Prohibition Act of 2017) in the House of Representatives last week. The bill very simply removes (not reschedules) “marihuana” and “tetrahydrocannabinols” from the list of Schedule 1 controlled substances in the Controlled Substances Act (CSA). It also adds some language to the CSA that gives states the ability to prohibit the sale of marijuana into and out of their respective states.
Our Take: I doubt this will move any time soon and the chances are low of ending prohibition in this Congress. Only 3 Members have signed on as co-sponsors of the bill so far, although its still pretty early. The Congressional Cannabis Caucus hasn’t officially weighed in, but Jared Polis is signed on as one of the co-sponsors.
If the Department of Justice begins to take significant action against businesses in states that have existing cannabis laws, the list of co-sponsors will grow along with the momentum for actually ending prohibition. However, it’s highly unlike that we’ll see major movement on this bill in the next 12 months .