Federal Marijuana Laws

South Dakota Senator John Thune, who will lead the Senate in 119th Congress, has long argued against efforts to reform marijuana policy at both the state and federal level.

Senator Thune is among the 26 GOP members who earlier this year called upon US Attorney General Merrick Garland to reject a recommendation from federal health officials to reclassify marijuana under the Controlled Substances Act. 

“It is irresponsible for HHS to make this determination when emerging research shows that there are significant health concerns associated with marijuana use,” Thune and colleagues opined. “It remains the case that marijuana has no currently accepted medical use. … We urge you to withdraw this proposal and maintain marijuana as a Schedule I drug.”

The Senator has previously opposed efforts to amend federal banking legislation so that financial institutions can provide services to state-licensed marijuana businesses, and he has called the adoption of state-specific legalization policies “a dangerous path.” He received an “F” grade from NORML in its 2024 voters guide.

Senator Thune will replace outgoing Majority Leader Chuck Schumer. Prior to becoming Majority Leader, Schumer pledged to “do everything I can” to bring marijuana reform legislation to a Senate floor vote. During his four years as Speaker, he twice sponsored legislation to repeal federal cannabis prohibition. However, the Senate has not yet held floor votes on any specific marijuana policy reforms, including SAFER Banking.

“Despite Senator Thune’s misguided opinions and policy positions on cannabis up to this point, we’re confident that he is capable of evolving on this issue, as have the vast majority of Americans,” said NORML Political Director Morgan Fox. “While it is extremely doubtful that comprehensive cannabis policy reform will be a priority in the Senate under his leadership, we’re hopeful that his record as a level-headed lawmaker means that he will listen to the will of the American people, who overwhelmingly want to see federal policy reform. In the meantime, we are doing everything we can to achieve whatever we can while we still have Senate leadership for whom this issue is a stated priority.”

Advocates are continuing to push Sen. Schumer to advance the SAFER Banking Act and the DOOBIE Act in the lame duck session. Both bills were advanced out of committee in the current session.



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