As the presidential candidates’ positions on cannabis policy make the headlines, it’s important to remember that the real power to shape cannabis laws doesn’t reside in the Oval Office.
Over the years, advocates have fought for patients’ rights to access medical cannabis under numerous presidencies. Yet, the biggest strides in protecting medical cannabis patients haven’t come from the White House — they’ve come from Congress.
Yes, the president can sign legislation, influence federal agencies and set policy priorities. Both Kamala Harris and Donald Trump have expressed support for moving cannabis to Schedule III and even hinted at legalization.
But here’s the reality: Neither has the authority to make these changes. Even the rescheduling process is out of their influence, in the hands of a Drug Enforcement Agency that is resisting the move to Schedule III.
The executive branch’s influence is more limited than many realize.
There are a few things a president can do to alleviate some of the challenges medical cannabis patients face, like directing HUD to stop evicting medical cannabis users in federal housing. The president could also direct the VA to allow its doctors to recommend cannabis to veterans or end drug testing for federal employees.
But these are temporary fixes — band-aids on a much larger problem.
The most significant progress in protecting medical cannabis patients has come from Congress. The Rohrabacher-Farr Amendment (also known as the CJS Amendment) halted federal raids on medical cannabis providers, even when President Obama couldn’t. [Read More @ The Hill]
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