U.S. Rep. Nancy Mace introduced sweeping legislation last Monday to decriminalize marijuana at the federal level, offering Republicans a conservative approach to the legalization debate in America that proposes taxing cannabis and regulating the substance more like alcohol.
But back in Mace’s home state of South Carolina, Republicans issued a swift condemnation of her efforts.
Her draft bill, called the States Reform Act, would remove marijuana from the federal Controlled Substances list and impose a 3% federal excise tax. That tax revenue would help pay for law enforcement retraining programs, assist the Small Business Administration and support mental health initiatives for veterans.
The legislation also calls for expunging nonviolent, cannabis-only related arrests and convictions from federal records — a change that could lead to approximately 2,600 releases at the federal level, according to estimates provided by Mace’s office ahead of the bill’s introduction. It would not apply to cartel members, agents of cartel gangs or those convicted of driving under the influence.
“It’s not going to force cannabis on South Carolina, if South Carolina does not want it,” Mace said, adding that she would like to see her state legalize medical cannabis soon.
Marijuana plan draws praise, pushback
The Daniel Island Republican, who represents South Carolina’s coastal 1st Congressional District, announced details of her 131-page bill in Washington at a Monday afternoon press conference.
Under her proposal, cannabis would be federally regulated, like alcohol is now.
The Alcohol and Tobacco Tax and Trade Bureau — an agency under the Department of the Treasury that collects excise taxes — would be in charge of the federal regulation of cannabis. Meanwhile, the U.S. Department of Agriculture would regulate the farming and production of raw cannabis, and the Food and Drug Administration would oversee federal regulation of cannabis for medical use.
Already, Mace’s legislation has been endorsed by several pro-marijuana lobbying groups, including the Koch brothers-backed Americans for Prosperity and Cannabis Freedom Alliance, as well as the Global Alliance for Cannabis Commerce.
Gary Hess, the executive director of the Veterans Alliance for Holistic Alternatives, spoke in support of the legislation, which provides specific protections for veterans by ensuring they will not be discriminated against in federal hiring for cannabis use or lose their VA health benefits.
Hess said some 7,000 service members have died in combat in the last 20 years, and that 120,000 veterans, by contrast, have died by suicide.
“That tells a story,” Hess said, sharing that he has used cannabis to help in his own recovery after serving in the Marine Corps.
“Cannabis,” he continued, “is not a gateway drug.”
However, the legislative effort drew a scathing rebuke from Drew McKissick, the chairman of the S.C. Republican Party.
“Our Party platform is clear: ‘We support firm enforcement of existing laws against the abuse and distribution of controlled substances, and we oppose any effort to legalize the use of controlled substances,’ and that includes marijuana,” McKissick said in an emailed statement.
He also pointed out that Democrats across the country are campaigning on pro-legalization platforms, McKissick added, “against the wishes of law enforcement.”
He then cited former U.S. Rep. Joe Cunningham and state Sen. Mia McLeod, who are both running for their party’s nomination in the South Carolina governor’s race, as examples of how Democrats — not Republicans — are pushing for cannabis legalization.
Republicans, however, are the ones leading the charge in South Carolina to advance medical marijuana. Plus, a survey of South Carolina’s 46 state senators conducted by The State newspaper this summer found a majority, if not all of them, want to have the debate.
“Unequivocally, the South Carolina Republican Party is against any effort to legalize, decriminalize the use of controlled substances, and that includes this bill,” McKissick said, referring to Mace’s legislation. “Since this will have widespread negative impacts, from rising crime, violence, and mental health issues in children, I think it’s a safe bet to say most Republicans will be against it too.”
South Carolina is one of 14 states that does not allow the medical use of cannabis. At this time, the sale, purchase and usage of CBD oil and other industrial hemp-derived products are legal in the Palmetto State.
Currently, 37 states and the District of Columbia have legalized marijuana for medical use, while 18 states and D.C. allow recreational use by adults.
In a phone interview Monday afternoon with The State newspaper, Mace questioned whether the S.C. GOP was singling her out when other Republicans in South Carolina, like state Sen. Tom Davis, R-Beaufort, and his medical cannabis bills, have introduced bills related to marijuana use in the state.
“Did the party put out a news release when state Sen. Tom Davis did his medical cannabis bill in December of 2020? I’d like to know. Or is it just me? Why am I being singled out?” Mace asked.
Mace reiterated that her legislation “provides a framework” for regulating and taxing cannabis at the federal level. It does not, she said, legalize cannabis for every state.
“So if that’s what they think, they really ought to spend some time and read the bill,” Mace said, saying it’s “long overdue” for the federal government to provide a framework for states on this matter and then “get out of the way.”
The legislation still lets states lead the way in deciding whether to legalize or prohibit cannabis use.
“This doesn’t change anything in South Carolina,” Mace reiterated. “And I think that it’s shameful to put out disinformation on a bill that’s good for America, and that the vast majority of Americans — Republican or Democrat — would support. It puts states in the driver’s seat, basically.”
Mace’s plan follows DC footsteps
This legislation comes months after Democrat and Senate Majority Leader Chuck Schumer introduced the Cannabis Administration & Opportunity Act, an effort which has, so far, failed to gain traction.
Mace said four of her fellow Republicans have signed on as cosponsors, with Mace acting as the bill’s lead sponsor. The other House Republicans joining in the effort are U.S. Reps. Brian Mast of Florida; Tom McClintock of California; Peter Meijer of Michigan; and Don Young of Alaska.
Mace called her bill “turn-key legislation,” and said it offers something for Republicans and Democrats to support. In an interview, Mace confirmed more Republicans will be signing onto the legislation this week and said she’s also getting interest from Democrats in both the House and Senate.
“I want to prove that this bill has legs; that is has longevity. We should have done this a long time ago,” Mace said.
The bill’s introduction comes as national polling suggests the issue of marijuana legalization is no longer a single-party issue on Capitol Hill.
An October poll by Gallup found 68% of Americans support legalizing marijuana, maintaining the record-high level of support first reported by Gallup last year, a group that has been asking about the issue since 1969.
While 83% of Democrats support legalization, Gallup pollsters found Republicans were almost evenly split on the question, with 50% in favor and 49% opposed.
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