Bill would close delta-8 loophole and increase the THC threshold in hemp to 0.7 percent.
Senate leaders introduced long-awaited legislation July 21 aimed at ending the federal prohibition on THC-rich cannabis.
The Cannabis Administration and Opportunity Act (CAOA) would remove “marihuana” from the federal list of controlled substances and put each state in charge of its own cannabis laws.
Senate Democrats Chuck Schumer (NY), Cory Booker (NJ), and Ron Wyden (Ore.) presented a discussion draft of the bill a year ago, in July 2021. And they’ve reworked the bill based on more than 1,800 comments submitted in response, reports Marijuana Moment.
Two major differences from the earlier draft:
- The bill would increase the THC threshold in hemp from a concentration of 0.3 percent by dry weight to 0.7 percent.
- It would also scratch the delta-9 specification, making all THC subject to the 0.7 limit. This would close the loophole currently allowing delta-8 and delta-10 in many states.
Sen. Schumer tweeted of the bill: “It will make criminal justice reforms. It will protect public health and safety. It will be a catalyst for change.”
“It will make criminal justice reforms. It will protect public health and safety. It will be a catalyst for change.”
—Senate Majority Leader Chuck Schumer (NY)
In addition to legalization at the federal level, the bill would expunge federal records for cannabis-related crimes and establish establish grant programs to encourage industry participation from communities unfairly targeted by past policy and enforcement efforts.
CAOA also includes measures for safe use and enforcement. It would restrict marketing that appeals to minors, direct funds to law enforcement for stopping unauthorized grows, and call on the Department of Transportation to develop standards around cannabis-impaired driving.
Will It Pass?
It’s unlikely that the bill will pass, Natalie Fertig reported for Politico. Schumer would need all Senate Democrats and ten Republicans to pass the bill. Both of those factors seem a stretch at this point.
“[I]ts odds of passing in this Senate are slim,” Fertig wrote. “But the legislation will shape the conversation around cannabis legalization going forward and portions of it are likely to find their way into other bills that could pass before the end of the year.”
“Its odds of passing in this Senate are slim. But the legislation will shape the conversation around cannabis legalization going forward and portions of it are likely to find their way into other bills that could pass before the end of the year.”
— Natalie Fertig for Politico
At this point, 19 states have opted to allow adult use and 37 to allow medical use, according to Politico. But in some cases representatives from states with legal use don’t support decriminalization at the federal level.
The US House of Representatives passed its own decriminalization bill April 1. Like CAOA, the Marijuana Opportunity Reinvestment and Expungement (MORE) Act would remove marijuana from the federal list of controlled substances, put each state in charge of its own cannabis laws and eliminate criminal penalties associated with possession and distribution. The Senate never brought it to a vote.
If a bill were to pass both the House and Senate, it remains unclear whether President Joe Biden would sign it. While Biden has said he isn’t in favor of recreational adult cannabis use, he’s also reportedly said he’s in favor letting states set their own policies on this issue.
