Recent polling has made one thing abundantly clear: the majority of Americans want change when it comes to federal cannabis policies. A survey conducted by Forbes Tate Partners on behalf of the Coalition for Cannabis Policy, Education, and Regulation (CPEAR) revealed that 70% of registered voters support reforming federal cannabis law to end prohibition for adult use, and 69% are in favor of allowing states to decide cannabis reform for themselves.
This data reflects a growing consensus across the country. While federal legislation has lagged behind, individual states have taken matters into their own hands, creating a patchwork of cannabis policies.
Yet, this lack of federal cohesion has led to conflicting legal frameworks, restricted economic potential, and unresolved issues in public safety. Enter the STATES 2.0 Act, a bipartisan legislative proposal poised to bridge this gap.
Poll Results Backing States’ Right to Cannabis Reform
Seven out of ten Americans support federal reform to end cannabis prohibition, with 44% strongly supporting the concept. The survey also highlighted backing for a states-first approach to cannabis regulation, with 69% in favor of allowing states to define their own policies while retaining their federal autonomy. This marks an impressive consensus across the political spectrum, with growing support among both Republicans and Democrats.
Key findings include:
- 61% of respondents favor the STATES 2.0 Act, showing bipartisan support for ending federal squabbles while empowering states to craft rules that suit their populations.
- Nearly half of voters (48%) said they would be more likely to support a political candidate advocating for cannabis reform, further cementing policy change as a winning issue for lawmakers.
- Respondents emphasized the importance of cannabis regulation focused on preventing youth access, addressing impaired driving, and combating crime in parallel to reform measures.
These results demonstrate not only public approval but the increasing momentum for cannabis reform to rise as a political priority.
What is the STATES 2.0 Act?
The Strengthening the Tenth Amendment Through Entrusting States (STATES) 2.0 Act is a bipartisan proposal aimed at rectifying the federal-state cannabis policy disconnect. Introduced by Representatives Dave Joyce (R-Ohio), Max Miller (R-Ohio), and Dina Titus (D-Nevada), the legislation allows states that have legalized adult-use or medical cannabis to regulate it within their borders without federal interference.
Meanwhile, states that choose to prohibit cannabis would still have full enforcement support from the federal government.
Some of the pillars of the STATES 2.0 Act:
- Amends the Controlled Substances Act (CSA): Cannabis-related activity complying with state and tribal laws would no longer violate the CSA. This is a game-changer for businesses operating legally within state borders who currently face federal risks.
- Protects Youth and Public Safety: The act prohibits cannabis distribution to anyone under 21 (except for medical purposes) and bars sales at federally regulated transportation hubs.
- Federal Oversight for Safety Standards: Through the Alcohol and Tobacco Tax and Trade Bureau (TTB) and the FDA, the act enforces safeguards on cannabis products, for contaminant testing, labeling regulations, and marketing guidelines.
- Reduces Financial Barriers for Cannabis Businesses: The act clarifies that legal cannabis transactions do not amount to trafficking and ensures legitimate businesses are no longer subjected to punishing Section 280E tax codes.
By empowering states, standardizing regulatory guidelines, and eliminating federal contradictions, the STATES 2.0 Act takes a step toward systemic reform.
Rescheduling Is Not the Solution
While the STATES 2.0 Act addresses some pressing legalization issues, larger discussions persist around cannabis’s classification under the CSA. Rescheduling cannabis (moving it from its current Schedule I category to a less restrictive Schedule) is currently still under review, or not? However, this approach stops short of solving industry-wide problems.
Rescheduling implies continued federal oversight and regulation under health agencies like the FDA, potentially hindering states’ autonomy over their existing markets. It could also complicate cultivation and distribution processes while leaving small businesses vulnerable to corporatization pressures by pharmaceutical and tobacco firms.
Conversely, descheduling cannabis entirely from the CSA would achieve more fundamental transformation. It would eliminate the root cause of cannabis prohibition’s harmful consequences, paving the way for fair market dynamics, equitable banking access, and fewer legal grey areas for consumers and businesses alike.
At Beard Bros Pharms, we advocate for this solution as the endgame but see measures like the STATES 2.0 Act as meaningful progress along the way.
Why States’ Rights Matter for Federal Cannabis Reform
Cannabis policies that account for each state’s unique cultural, economic, and social circumstances are far more effective than a one-size-fits-all federal rescheduling currently proposed.
State-regulated programs not only promote localized economic growth but also reinforce accountability at the community level. Keeping these decisions at the state level allows policymakers to reflect their constituents’ priorities, whether that means upholding existing prohibitions or pursuing full legalization. Crucially, the STATES 2.0 Act protects these nuances while removing federal constraints that complicate enforcement and oversight.
The STATES 2.0 Act is a step in aligning federal policies with the clear will of the people. However, true cannabis reform requires action that goes beyond incremental change. Until cannabis is entirely removed from the Controlled Substances Act, federal overreach and ambiguity will continue to stall progress.
Still, incremental reforms like the STATES 2.0 Act lay essential groundwork and energize the national conversation around cannabis policies. For lawmakers, advocates, and businesses alike, this moment is an opportunity to act decisively for a more effective, equitable cannabis landscape.
At Beard Bros Pharms, we’re committed to pushing this dialogue forward while continuing to champion reforms that genuinely reflect the needs of the cannabis community. It’s time to turn public consensus into actionable change.
