MJBizMag March 2022 - 32

other bills shoot for incremental gains,
such as the SAFE Banking Act, which
would allow financial institutions to
serve state-legal marijuana businesses
without fear of federal reprisal.
" This is a question for Congress. It's
a nuanced question of congressional
detail. There needs to be a regulatory
system set up. There needs to be a
taxation structure and a place for where
that tax money goes, " said Andrew
Freedman, executive director of the
Coalition for Cannabis Policy, Education
and Regulation in Washington DC.
When it comes to reform through
Congress, the preferred result is a
comprehensive bill that calls for federal
legalization-but many advocates are
willing to move in increments.
" The USCC has as its top priority to
see comprehensive reform happen
in Congress. That said, we recognize
that Congress might very well take
up various aspects of the cannabis
industry and the needs of the industry
in steps, " Hawkins said.
Those steps could focus on banking,
Section 280E relief and expungement.
" It would not be uncommon for
Congress to address cannabis like it
has other issues, in a step-by-step
approach. We certainly are engaged in
comprehensive reform but also looking
at where there are opportunities for
incremental victories, " Hawkins said.
Not all cannabis leaders, however,
share Hawkins' optimism.
" I know our government won't
legalize (through Congress) for some
time, " said Albert Gutierrez, CEO of
MedPharm, a Colorado company with a
U.S. Drug Enforcement Administration
license allowing it to conduct cannabis
research. " There's too much tax money
involved. "
Courts and Rescheduling
Another potential pathway is through
the courts. Several legal challenges
to the federal government's cannabis
32 March 2022 | MJBizMagazine
Andrew
Freedman
Adam
Goers
prohibition have failed for various
reasons. But some lawyers still believe
victory through the justice system
is possible.
Other cannabis executives believe
reform could happen by rescheduling
marijuana as a Schedule 2 drug
or even lower. Such a move would
require action from numerous federal
agencies-most notably the DEA and
the U.S. Food and Drug Administration.
Both federal agencies have been
anything but cannabis-friendly.
But some industry executives believe
several factors point to rescheduling
happening before congressional
reform, including:
* U.S. support for cannabis
rescheduling at the United Nations.
* The DEA awarding a limited
number of licenses allowing
companies to grow cannabis for
federally approved research.
* Congressional foot-dragging on
cannabis reform.
" The government has indicated by
authorizing us and some other folks
that they're trying to start to set up
a federal regimen that is compliant
with all the rules: the whole DEA rules,
the state rules, " said Joe Grzyb, CEO
of Groff North America, a cannabis
cultivation company in Pennsylvania
that holds a DEA grow license. " How
what the DEA and FDA have done now
merges with the state programs is still a
good question. "
Albert
Gutierrez
Respecting the States
Whatever pathway is taken, reform
success will be contingent on federal
authorities not overreaching, according
to Adam Goers, senior vice
president of corporate affairs at New
York-based Columbia Care, a multistate
cannabis operator.
" It's the states that have the most
rational policy, and it's the feds that
need to catch up, " Goers said. " If the
feds think that they're running in to
save the day, they're ignoring the fact
that most states in the country already
have a state-licensed medical and or
adult-use cannabis operation going. "
Omar Sacirbey is a reporter
for MJBizMagazine. You
can reach him at omar.
sacirbey@mjbizdaily.com.
MJBizMag March 2022

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