Government Relations And The Cannabis Industry: Navigating The Complex Web Of State And Federal Laws

Lauren Niehaus, Executive Director of Government Relations, Trulieve

Anyone reading this publication has a good understanding of how government relations professionals do their jobs. From behind-the-scenes relationshipbuilding to public advocacy or the use of earned media and grassroots campaigns to generate support, it’s a non-stop grind; sometimes frustrating, often rewarding, and never dull.

Now, consider all the above items, put them in the proverbial blender, and add in a new ingredient: due to arcane laws, what your client or employer does is technically considered illegal by the federal government.

The reality is that the cannabis space is not precisely ‘illegal,’ but under the current complex mix of laws, selling cannabis is against federal law, despite a majority of U.S. States having created some sort of cannabis reform.

Each of the 50 states has varying laws – from complete bans to a near-complete laissez-faire approach – and if you represent a multi-state operator, as I do, it is essential to know the nuances of each state and how each of them interface with federal laws.

It’s tricky.

As I write this, approximately half of adult Americans live in a state where cannabis products are allowed for medical or adult use. To put a fine point on how nuanced working in this space can be, one only needs to notice how I choose not to label cannabis consumption in those states as ‘legal.’ Why not? That word has a specific meaning, and each resident of those states is also subject to federal law. So, while they are ‘allowed’ or ‘permitted’ to purchase and consume cannabis products, doing so remains illegal under federal law.

As the nation continues to steadily move forward to full ‘legalization,’ the truth is that we are not quite there yet. But we are making incremental progress, which is critical.

As the nation continues to steadily move forward to full ‘legalization,’ the truth is that we are not quite there yet

While it would be nice to see Washington pass sweeping laws legalizing (yes, I use that word in this context) consumption of cannabis, my current work involves advocating for sensible monetary and taxation laws that will allow us to operate just like any other lawful business in America. In a move nearly a decade in the making, this September, we saw a monumental step towards normalizing the cannabis banking system with the approval of the SAFER Banking Act by the U.S. Senate Committee on Banking, Housing, and Urban Affairs. We are also working to make progress in areas such as allowing for more and better cannabis research to further explore the medicinal benefits of this plant and increase access for patients and consumers.

As I noted above, it’s tricky. But there is an upside.

As public opinion continues to move farther away from ‘Reefer Madness’ and closer to a rational approach (safely regulated and available to adults), I can see the direct benefits of moving forward. There will likely not be another time in my career that I am working in a statelegal but federally-illegal industry. In my business, I hear – nearly every single day – a new story about a child with epilepsy being helped, a soldier with PTSD being comforted, a cancer patient being able to eat again, or someone not being arrested for consuming a small amount of cannabis in the privacy of their own home. To me, these are stories of hope. They are reasons to dig a little deeper, fight a little harder, and put up with the intricacies, the nuances, and the trickiness of both federal and the myriad of state laws.

In the end, those stories make it all worth it.