President Joe Biden is showing no interest in loosening federal restrictions that have left states in charge of developing how the multibillion-dollar U.S. cannabis industry grows.
The nation’s courts may ultimately force the issue — in a chaotic fashion that could undermine efforts to diversify the industry and protect public health.
Over the course of more than two decades, 37 states have legalized medical marijuana and 19 allow anyone at least 21 years old to possess the drug. But states, citing federal illegality, continue to bar sales across their borders.
Some states have carefully crafted their cannabis programs to meet goals beyond legalization: Many prioritize licenses for entrepreneurs of color and those hurt by the war on drugs. But these programs often rely on residency requirements — a condition a federal court recently ruled unconstitutional.
The ruling also imperils testing and packaging rules designed to bolster public safety.
The 2-1 opinion by the 1st Circuit Court of Appeals was focused on Maine’s medical marijuana program, but many experts believe the same legal justification could open up interstate commerce nationwide. And two prior federal court rulings also struck down residency requirements as unconstitutional.
“This [decision] really portends the emergence of a national market in cannabis,” said Robert Mikos, a Vanderbilt legal scholar and expert on federalism and drug laws. “We will see changes to state import and export bans.”
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