Federal Update: Rescheduling stalls, housing bill introduced, and Constitutional rights under threat

Despite President Trump’s December executive order directing the Attorney General to accelerate the rescheduling process, the DOJ and DEA have yet to follow through and reclassify marijuana from Schedule I to Schedule III under the Controlled Substances Act.

As the administration continues to drag its feet on rescheduling, cannabis reform continues to be on the back burner in Congress. However, a bipartisan federal housing bill offers a glimmer of hope for addressing the ongoing discriminatory policies blocking cannabis consumers from federal housing.

The Fair Future Act Aims to Halt Federal Housing Discrimination for Americans with Cannabis-Related Convictions

Americans charged or convicted of nonviolent cannabis-related offenses currently face significant hurdles to accessing federal housing. 

The Fair Future Act (HR 7765), a bipartisan bill that would remove nonviolent cannabis-related offenses as a reason to deny individuals access to federal public housing applications, was recently introduced by cosponsors Rep. Maxwell Frost (D-FL) and Rep. Ryan Mackenzie (R-PA).

According to the bill sponsor’s press release, even Americans charged with violent crimes — including murder — don’t face the same housing discrimination as individuals with past drug convictions. 

MPP strongly supports the bipartisan effort to end federal housing discrimination against cannabis consumers. Stay tuned for an Action Alert when it's time to contact your representatives in Congress to demand their support for advancing this necessary and overdue legislation.

Supreme Court Hears Case on Second Amendment Rights for Cannabis Consumers

On March 2, the U.S. Supreme Court heard oral arguments in the case of United States v. Hemani, testing whether and under what circumstances cannabis users can be stripped of their Second Amendment right to bear arms.

If the Supreme Court upholds the constitutionality of the law as applied, anyone accused of being a “habitual drug user” could be stripped of a constitutional right without conviction of a crime, without proof of misusing firearms, and without proof of intoxication at the time of possession of a firearm.

The DOJ argued in favor of stripping people who use cannabis a couple of times per week of their Second Amendment rights — even if they are not impaired by any drug while possessing a firearm. Both the NRA and the ACLU have weighed in on the case in favor of preserving Second Amendment rights for cannabis users, and the initial line of questioning by Supreme Court justices would seem to indicate that the Court is likely to side with the defendant.

If the Court ultimately sides with the DOJ against Hemani, millions of cannabis consumers could be charged with a felony for exercising their right to bear arms.

You can listen to the full United States v. Hemani Supreme Court hearing here.

From the courts to Congress, to the Trump Administration, MPP will continue to monitor the latest federal policy developments and persist in our advocacy efforts to replace the failed approach of cannabis prohibition with sensible and just policies that respect the rights and freedoms of everyone.