Why the States Reform Act is right for America, research, and veterans
Rep. Matt Gaetz
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Two weeks ago, the Washington Examiner’s editorial board criticized Rep. Nancy Mace (R-SC) and me for our legislation to remove marijuana as a Schedule I substance. In its op-ed, the editorial board does mental gymnastics to claim that the continued prohibition of marijuana is the solution to black markets and completely disregards the potential to advance the medical benefits it is capable of offering.
By the editorial board’s own admission, “burdensome and complicated” regulatory regimes in states where marijuana is legal have allowed black markets to undercut the legal markets, increasing crime and decreasing revenues for state governments. But they mistakenly — or perhaps disingenuously — place the blame on legalization. The problem of black markets, and the crime created by them, is due to politicians overregulating and overtaxing the legal product. If states want to destroy black markets, legislators should simplify and reduce regulation and adjust tax rates so that prices in the private market are as competitive as possible. By doing so, states can weaken black markets, reducing the crime they create and, at the same time, bring more revenues into state coffers.
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The States Reform Act is based on the principle of federalism. Removing the federal prohibition on marijuana would officially allow the individual states the power to determine whether to prohibit, partially legalize, or fully legalize marijuana. Likewise, states would have the ability to determine how much or how little to regulate marijuana and how high or how low to tax it, similar to how states currently treat alcohol.
Under this federalist approach, there would undoubtedly remain black markets for marijuana in some states. However, it simply makes no sense to argue that keeping the federal prohibition on marijuana is the means to push them out. Federal illegalization of marijuana is what gives rise to the largest black market for the product, which spans nationwide. Essentially, the editorial board argues that we need to keep incentivizing the most expansive marijuana black market in the country in order to “crack down” on it.
Additionally, the editorial board’s demonization of marijuana ignores countless pharmaceutical benefits that have been recognized by numerous health organizations and the federal government’s own Food and Drug Administration, which has approved cannabinoid-based medications. These medications have helped millions of Americans find relief from chronic pain, epilepsy, PTSD, and other conditions.
The current classification actively hinders the ability of medical professionals and scientists in the United States to study cannabis more fully, explore additional benefits, and develop new treatments. I acknowledged this in September 2018 during a House Judiciary Committee hearing on a bill I authored (the Medical Cannabis Research Act of 2018) to create a new and separate registration process for manufacturers of cannabis for research. At the time, I explained that there is a real desire from universities such as Penn State, the University of Florida, and numerous others to collaborate with private-sector researchers and healthcare providers to determine which strains, which therapies, and what dosage levels can help people. However, persisting federal laws greatly limit the ability to conduct such research.
Another compelling argument for the States Reform Act is the potential benefits it could offer our veterans. Many veterans return home with physical and psychological scars. Conventional treatments do not always provide the relief they need. For many of these heroes, cannabis products serve a crucial purpose in ameliorating the symptoms they face and bettering the quality of their everyday lives. A study published in Addictive Behaviors in 2018 indicated that about 41% of veterans reported they medically used cannabis, which was nearly twice as much as the general population. Additionally, many published medical studies have suggested the use of cannabis by veterans suffering from PTSD can greatly reduce psychological symptoms, improve sleep quality, and lead to a mitigation of alcohol, tobacco, and prescription opioid usage.
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The American Legion, a respected veterans group, has called on Congress to remove cannabis from Schedule I to expand access to this potentially life-changing treatment. Veterans have served our country with honor; they deserve access to all possible therapeutic options, including cannabis, which has shown promise in easing the burdens they carry.
Like any legislation, the States Reform Act is not a silver bullet, but it is about embracing a more rational approach to drug policy, fostering scientific discovery, and supporting our veterans.