Two U.S. representatives are once again working across the aisle on legislation to foster a smooth transition to a federally legalized cannabis market.

Rep. Dave Joyce, R-Ohio, and House Minority Leader Hakeem Jeffries, D-N.Y., announced April 17 that they reintroduced the Preparing Regulators Effectively for a Post-Prohibition Adult Use Regulated Environment (PREPARE) Act.

The legislation intends to create a fair, honest and transparent process for the federal government to establish effective regulations when cannabis is “inevitably” legalized in the U.S. More specifically, the bill would allow experts to weigh in on the best pathway to transition from the current state-by-state patchwork of legalization to an interstate market.

These experts would include industry stakeholders, criminal justice reform advocates, substance use advocates, health care experts, state cannabis regulators, state and tribal justice departments, and the public.

This process would equip lawmakers in Washington with an understanding of how to implement reform without reinventing the wheel. Absent engagement with industry experts, it is unlikely Congress will establish policies that align with American interests, the representatives said.

“Currently, nearly all 50 states have legalized or enacted cannabis to some degree, bringing us closer to the inevitable end to federal cannabis prohibition,” Joyce said in a press release. “Recognizing this reality, the PREPARE Act delivers a bipartisan plan. With this legislation, Congress would be equipped to develop a much-needed federal regulatory framework that not only respects the unique needs, rights and laws of each state but also ensures a responsible end to prohibition and a safer future for our communities.” 

This marks the third Congress that Joyce and Jeffries are working on the PREPARE Act, after first introducing the legislation in April 2022 and again in April 2023. The previous rendition of the bill never picked up steam after being referred to the committee process.

The legislation comes at a time when 24 states have legalized adult-use cannabis, 15 states have solely legalized medical cannabis, and nine states have loosened their prohibition laws but still have severely limited access to medical cannabis or certain constituents of the plant. Meanwhile, Idaho and Kansas have maintained prohibition policies to the fullest.

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Under federal prohibition, however, state-legalized cannabis markets are restricted to intrastate commerce from seed to sale, falling under varying regulatory systems. A federally legalized landscape has the potential to disrupt these individualized systems.

Under the PREPARE Act, the U.S. attorney general would be required to establish the “Commission on the Federal Regulation of Cannabis” to study a plausible and prompt pathway to cannabis regulation in an intrastate framework that’s similar to alcohol.

The commission, in part, would be responsible for proposing measures to “alleviate and remedy” the wrongs of prohibition, including the impacts of criminalization on minority, low-income and veteran communities.

“Since the failed war on drugs began more than 50 years ago, the prohibition of marijuana has ruined lives, families and communities, particularly communities of color,” Jeffries said. “The PREPARE Act is one of the bipartisan solutions that will lay the groundwork to finally right these wrongs in a way that advances public safety and boosts our economy. I am grateful to Congressman Joyce for reintroducing this important bill and his leadership to help the United States be ready for the inevitable end to cannabis prohibition.”

Primarily, the legislation would:

• Direct federal regulators to develop a regulatory and revenue framework to ensure safe production and consumption of cannabis, which would account for the unique needs, rights and laws of each state, and present such a framework to Congress within one year;
• Build upon the efforts undertaken by recent administrations of both political parties to remedy the unjust consequences of the war on cannabis, particularly those suffered by minority, low-income and veteran communities;
• Help grant medical professionals critical research access and training;
• Develop protections for the hemp industry, including cross-pollination prevention efforts; and
• Help ensure that, absent the physician-prescribed treatment of a minor, cannabis remains an adult-only product. 

The legislation points out that cannabis was federally legal in the U.S. until 1937, and, if enacted, the legislation would assert that Congress “finds” that cannabis was federally prohibited to “codify discriminatory practices against minority communities” and that the plant has proven medically beneficial for patients suffering from pain, cancer, post-traumatic stress disorder, seizure disorders and multiple sclerosis, among other diseases.

This admission by Congress that cannabis has medicinal benefits would back a current executive branch proposal by the Department of Health and Human Services to remove cannabis from Schedule I of the Controlled Substances Act (CSA). Under the CSA, substances determined to have currently accepted medical use in the U.S. cannot be listed in Schedule I.

“While the United States remains trapped in antiquated cannabis regulations, other nations and scientific competitors, including the United Kingdom, Canada, South Korea, Germany and Israel, have modified their laws to allow for varying degrees of cannabis legality and medical research,” according to the bill.