Trump’s AG Pick Signals Hope for Cannabis Policy Reform

Matt Gaetz Nominated as Attorney General: A Boost for Federal Cannabis Reform?

In a significant departure from past administration policies, President-elect Donald Trump has nominated U.S. Representative Matt Gaetz, R-Fla., as his choice for Attorney General. Known for his staunch support of cannabis reform, Gaetz’s nomination marks a potential turning point for federal cannabis policy. This move signals a shift in priorities compared to Trump’s first term, during which his attorneys general were opposed to marijuana legalization efforts.

Gaetz’s Cannabis Reform Record

As a congressman, Matt Gaetz has built a reputation as one of the most pro-cannabis voices on Capitol Hill. His legislative efforts have consistently aimed at loosening federal restrictions on marijuana, supporting research, and providing financial security for the cannabis industry.

In 2017, Gaetz co-introduced bipartisan legislation to reclassify cannabis from a Schedule I to a Schedule III substance under the Controlled Substances Act (CSA). This initiative sought to align cannabis with substances deemed to have medical value, thereby easing access for patients and researchers.

In 2022, Gaetz furthered his commitment by co-sponsoring the Marijuana Opportunity Reinvestment and Expungement (MORE) Act, which sought to legalize marijuana federally and expunge certain cannabis-related convictions. He was among a small group of Republicans to support the legislation, underscoring his willingness to cross party lines on the issue.

A Shift in DOJ Leadership

Gaetz’s nomination signals a stark contrast to Trump’s previous attorneys general, Jeff Sessions and William Barr, both of whom opposed cannabis reform. Sessions, in particular, rescinded the Obama-era Cole Memo, which had advised the Department of Justice (DOJ) to adopt a hands-off approach toward state-legal cannabis businesses.

If confirmed, Gaetz could bring a new perspective to the DOJ, emphasizing reform and modernizing cannabis policy. His track record suggests he would advocate for delisting cannabis from the CSA altogether, potentially reshaping the federal government’s role in regulating marijuana.

Cannabis Rescheduling and Trump’s New Stance

President-elect Trump has recently softened his stance on cannabis policy, promising support for rescheduling marijuana and enacting banking reforms for the industry. This shift reflects a growing consensus among Americans in favor of legalization. According to recent polls, over 60% of Americans support federal marijuana legalization.

Under outgoing Attorney General Merrick Garland, the DOJ initiated steps to reclassify cannabis from Schedule I to Schedule III. This process, currently under review by the Drug Enforcement Administration (DEA), could gain momentum with Gaetz at the helm, as he has expressed interest in both rescheduling and full descheduling of cannabis.

Implications for the Cannabis Industry

Gaetz’s nomination has sparked optimism among cannabis industry stakeholders, who see his leadership as an opportunity to resolve lingering issues that plague the sector. These include:

Banking Reform: The Secure and Fair Enforcement Regulation (SAFER) Banking Act aims to provide cannabis businesses access to financial services. Gaetz has supported similar legislation in the past, voting for the SAFE Banking Act in 2019 and 2021.

Federal-State Relations: Gaetz introduced the STATES Act in 2019 to prevent federal interference in state-legal cannabis programs, paving the way for a more decentralized approach to marijuana regulation.

Decriminalization Efforts: Gaetz’s consistent push for cannabis reform, including his advocacy for removing cannabis from the CSA, aligns with industry calls for comprehensive legalization.

These reforms could alleviate many challenges faced by state-licensed operators, from financial insecurity to legal uncertainty.

Challenges Ahead

Despite Gaetz’s strong pro-cannabis stance, the road to comprehensive federal reform remains challenging. The Senate, now under Republican control, includes several lawmakers opposed to legalization. Notably, Sen. John Thune, R-S.D., the newly elected Senate Majority Leader, has historically resisted cannabis reform efforts.

Additionally, while Gaetz’s nomination aligns with Trump’s recent campaign promises on marijuana, other cabinet members and political allies may prioritize different issues. Balancing these competing interests will require careful navigation.

Potential DOJ Policy Shifts

Under Gaetz’s leadership, the DOJ could implement policies that significantly impact the cannabis industry, such as:

Reinstating the Cole Memo: Gaetz could revive the guidance that protects state-legal cannabis businesses from federal prosecution.

Expanding Research Opportunities: Removing cannabis from Schedule I or III would simplify research protocols, enabling scientists to study marijuana’s medical benefits more effectively.

Addressing Criminal Justice Reform: Gaetz’s support for expunging cannabis-related convictions aligns with broader efforts to address racial disparities in the criminal justice system.

These changes would not only benefit the cannabis industry but also align with broader public health and social equity goals.

Historical Context: Trump’s First Term vs. Now

Trump’s first term was marked by a hardline approach to cannabis policy under Sessions and Barr, both of whom were vocal opponents of legalization. Sessions famously declared that “good people don’t smoke marijuana” and prioritized strict enforcement of federal drug laws.

In contrast, Trump’s second term is shaping up to be more reform-focused. Gaetz’s nomination is a clear indication of this shift, as is Trump’s recent rhetoric supporting research, rescheduling, and banking reforms.

This evolution mirrors broader societal changes, with more Americans and lawmakers recognizing the economic, medical, and social benefits of cannabis legalization.

Gaetz and the Path Forward

If confirmed, Gaetz will have the opportunity to redefine the DOJ’s approach to cannabis and set a new tone for federal-state relations on the issue. His leadership could provide much-needed clarity for businesses and consumers navigating a patchwork of state regulations.

Moreover, his nomination highlights a bipartisan consensus emerging around cannabis reform, with leaders from both parties acknowledging the need for modernization.

Conclusion: A New Chapter for Federal Cannabis Policy?

Matt Gaetz’s nomination as Attorney General represents a significant departure from past DOJ leadership and a potential turning point for federal cannabis reform. His pro-cannabis record, combined with President-elect Trump’s evolving stance, suggests a more progressive approach to marijuana policy in the years ahead.

While challenges remain, particularly in Congress, Gaetz’s leadership could catalyze long-awaited reforms, from banking access to descheduling. For the cannabis industry and its supporters, his confirmation would mark a step toward resolving decades of legal and financial uncertainty.

The next chapter in federal cannabis policy may hinge on the actions of one of its most vocal advocates in Washington, D.C.—a scenario few could have predicted just a few years ago.