For years, the federal government has basically allowed state-legal cannabis markets to operate without major interference, despite marijuana still being a banned drug on the Controlled Substances Act.
Yet, these “laissez-faire policies” on cannabis are in stark contrast with laws still on the books that block cannabis companies from the mainstream financial system and allow for the IRS to audit and tax cannabis companies under a punitive tax code for drug traffickers.
“If the Government is now content to allow States to act ‘as laboratories’ ‘and try novel social and economic experiments,’ then it might no longer have authority to intrude on ‘the States’ core police powers .
Raich, which the Supreme Court ruled 6 to 3 that federal law overruled state-sanctioned use of cannabis even if the activity did not cross state lines.
Reich into question, whether the Court could support that case today—I think he’s suggesting that cannabis prohibition might be unconstitutional,” says Thorburn.
An important detail of Thomas’ statement that should not be overlooked is that it was not a dissent, meaning Thomas might not be the only justice on the bench to have this opinion.
It will be difficult to get the 60 votes necessary to pass the Senate, so voices like Thomas’ could help influence Republicans to support legalization.
I am a staff writer on the vices beat, covering cannabis, gambling and more.
Previously at Forbes, I covered the world’s richest people as a member of the wealth team.