GOP Senator Says It’s Time To Create A Federal ‘Regulatory Construct’ For Marijuana To Align With State Legalization Laws

A GOP senator says the time has come to create a federal “regulatory
construct” for marijuana, while allowing states to decide to enact their
own cannabis legalization laws.

In one of his latest comments on the issue, Sen. Thom Tillis (R-NC) told
Marijuana Moment in an interview that “we’ve got to get out of this mode”
where states enacting their chosen cannabis policies are “running afoul of
federal law.”

“Now, in some cases, we seem to think that’s a bad thing” to have such
disparate laws in place. “In the case of cannabis, we don’t. But it’s
creating so many gateways for illegal and illicit actors in this space and
safety issues. We got to act on it.”

“We know how the play is going to end, so why not come up with a regulatory
construct for consumer protection, for child safety, for health—and do it
in a way that requires states to opt in?” Tillis asked. “So I’m just
thinking about a framework where you have excise taxes, you have money
flowing to law enforcement and other agencies and then have Congress have a
simple up or down vote on it.”

The comments came in response to a question about the federal ban on gun
possession by people who use marijuana—with the senator saying that if
alcohol drinkers can lawfully buy and use firearms, the same standard
should apply to cannabis consumers.

“Why would I have a problem with that any more than somebody who drinks
alcohol?” the senator said of cannabis consumers being able to possess guns
before going on to discuss broader marijuana policy issues.

Tillis separately said last week that the federal government should create
a regulatory framework for marijuana with an excise tax and allow states to
“opt in” to legalization—stating that he’s “not an anti-cannabis person”
but stressing that certain rules should be implemented and criticizing the
way an Indian tribe within his state has marketed its marijuana products.

He also raised similar concerns about the tribe’s cannabis operation during
a Senate Judiciary Committee hearing with Attorney General Pam Bondi. He
said he has “no problem with” the legalization of sales in that territory
generally—but that he still finds “concerning” with respect to the conflict
between state and federal marijuana laws.

“Nearly three dozen states [have] either medical, recreational or hybrid”
cannabis models, the senator said. “But this kind of feels like to me, the
way the tobacco industry got attacked for advertising to young people.”

“This is just this worries me, because it’s a money-making enterprise. It
kind of seems like it’s preying on younger people,” he said, pointing to an
app that he claims allows people in states that prohibit cannabis to order
marijuana products in a legal jurisdiction and then pick it up after
crossing state boundaries.


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The senator might not be the voice most would expect to back comprehensive
federal marijuana reform, but he’s been ringing the bell for months as he
makes the case for regulation over prohibition. Part of his position is
informed by concerns he has with a North Carolina-based tribe that
legalized cannabis and markets the product despite the fact that the state
itself has not yet moved forward with marijuana reform.

Discussing the Eastern Band of Cherokee Indians (EBCI) that legalized
marijuana within its territory in North Carolina, the senator said he’s
displeased with the marketing approach that’s extended beyond the tribe’s
borders.

“I mean, gosh, when you’re doing the ads in Charlotte: ‘One of the
country’s biggest dispensaries,’ and you’ve got a really cute app and
you’re advertising all these fruity names and everything, and you’re an
island—I mean unless you’re going there and having one hell of a weekend,
we all know that people are taking it and bringing it back,” he said.
“People need to know the minute they leave the boundary, they’re breaking
the law.”

“There are people lined up, the traffic is stopped. It’s amazing,”
Tillis said, referencing the tribe’s dispensary. “I’m not an anti-cannabis
person, but you’ve got to do it legally.”

Tillis also said last month that the federal government needs to “step up”
and explore a regulatory framework for marijuana—and that should include a
pathway to explore the “efficacy” of cannabis for certain health conditions.

At a separate Judiciary Committee hearing in June, Tillis said opponents of
marijuana legalization “have lost” the fight to maintain prohibition and
that “it’s time” for lawmakers to address that reality by creating a
regulatory framework treating cannabis “in the same way that we do with
alcohol and tobacco,” so that states can set their own policies without
federal intervention.

Back in February, the senator also raised the issue during a Senate Banking
Committee hearing, saying “we should reexamine [federal marijuana laws].” But
at the same time, “we damn sure shouldn’t do it by passing” legislation
that would simply prevent federal regulators from penalizing banks that
work with state-legal cannabis businesses.

Tillis also said last December that he’s hopeful Congress will have a
“discussion” about potentially creating a federal regulatory framework for
marijuana in 2025, though he added that he personally wouldn’t vote to
federally legalize cannabis.

Last year, the senator also said he supports creating a “comprehensive
regulatory framework that treats marijuana just like tobacco,” arguing that
“the federal government needs to figure out a safe way to allow this market
to occur.”

Tillis in April joined Sen. Ted Budd (R-NC) in asking federal, state and
local officials what steps they were taking to enforce marijuana prohibition as
an Indian tribe prepared to launch recreational cannabis sales on its lands
within North Carolina.

*The LCB contributed reporting from Washington, D.C. *

*Photo courtesy of Mike Latimer.*

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Construct’ For Marijuana To Align With State Legalization Laws appeared
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