Americans for Safe Access (ASA) has been at the forefront of fighting for patients’ rights to access medical cannabis across four presidencies since our founding in 2002. We’ve crafted briefing materials and “100-day campaigns” for three incoming administrations on medical cannabis policy. Over the years, we’ve learned what a president can—and, more importantly, cannot—do to shape cannabis policy.
Kamala Harris and Donald Trump’s positions on cannabis have made headlines. Both have proclaimed their support for Cannabis being moved to Schedule III and even legalizing cannabis, but the reality is they will not have the power to enact these changes from the White House without the support of Congress. Even the current rescheduling process—now in the hands of the DEA, which is resisting the move to Schedule III—will be out of the 47th President’s control.
See: CRS: Does the President Have the Power to Legalize Marijuana? Updated November 4, 2021
The president can do a few things when it comes to cannabis policy—however, neither Harris nor Trump has mentioned the most profound actions they could take such as instructing HUD to stop evicting medical cannabis patients from federal housing, allowing VA doctors to recommend cannabis to veterans, and halting the federal government’s practice of drug testing employees and contractors for cannabis. If enacted, these policy changes would positively impact patients’ lives but are ultimately just band-aids on a much bigger problem.
The most significant federal progress on medical cannabis policy has come from Congress, not the Oval Office. The Rohrabacher-Farr Amendment (CJS Amendment) halted federal raids on cannabis patients and providers when even President Obama couldn’t. This amendment also protected patients during Trump’s administration, despite Attorney General Jeff Sessions’ staunch opposition to cannabis. This shows where the real power lies: in Congress.
Congress, Cannabis, & the 2024 Election
While medical cannabis may not dominate news coverage like recreational use, more than 6 million Americans depend on it for relief from chronic pain, seizures, PTSD, and other conditions. Millions more want to access but cannot risk their housing, employment, or financial aid. These patients—and their families—need champions in Congress who will protect access to cannabis and integrate it into the national healthcare system as legitimate medicine, advancing beyond mere compassionate use. Only Congress can change the federal cannabis laws that force patients to choose between their health and basic rights.
However, most voters will head to the polls on November 5th in the dark about where the candidates vying for the 435 Congressional seats and a third of the Senate seats stand on medical cannabis. This is especially troubling because the next Congress will undoubtedly tackle several cannabis issues.
As we approach the election, remember: when it comes to medical cannabis, the power rests with Congress. It’s not too late to learn where candidates stand. Join ASA in urging federal candidates to sign the Compassionate Candidate Pledge, committing to medical cannabis legislation ensuring patient access and protection.
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