Could California help bring us in the US more in line with interstate cannabis commerce

A highly-publicized letter from California marijuana regulators addressed to the attorney general of the state poses a fascinating question: is the Golden State teeing up interstate trade in cannabis?

The top officials of the state’s Department of Cannabis Control (DCC) on Jan. 27 wrote an eight-page note for the offices of California Attorney General Rob Bonta, laying out the legal basis to explain the way California can circumvent federal restrictions in the event that officials in the state decide to allow the export of cannabis outside state borders.

The letter has raised eyebrows with marijuana experts as well as legal professionals, some declaring it to be a major breakthrough however, it will require time, should it ever come to the point of.

One of the biggest issues is that California will need to locate a state that is willing to use its cannabis, said Hirsh Jain, an expert in cannabis from California.

“I am aware that there is plenty of excitement,” said the official. “But when you analyze the process here there’s a good chance that nothing can occur this year.

“California is in need of an accomplice to dance with.”

In their letters to attorney general the DCC’s executive director Nicole Elliott, and general counsel, Matthew Lee, asked Bonta to give an opinion regarding whether the export of marijuana to another state could “result in a significant legal risk for California” according to the Federal Controlled Substances Act.

Elliott and Lee Elliott and Lee, on the other hand Lee and Elliott, for their part, said “it won’t.”

They pointed out their concern over the Commerce Clause of the U.S. Constitution prohibits Congress from limiting how states regulate their own interstate trade.

Could California bring the US closer to interstate marijuana commerce?  https://t.co/0Ka0hasfXm

— Green Cultured ???? (@GreenCulturED) February 7, 2023

Marc Hauser, principal of Hauser Advisory, a California-based consulting firm, views this as a step towards legalizing the marijuana trade across the nation.

“It’s an important event and is crucial for the business,” he said.

This follows California Governor. Gavin Newsom in September signed Senate Bill 1326, which will make interstate commerce agreements in the event that there is only one or more of these requirements is met:

• Legalization in the Federal government isn’t imminent.
• An U.S. law is enacted that prohibits an administration from spending funds to stop interstate marijuana deliveries.
• The U. S. Department of Justice issues an opinion or memo that allows interstate marijuana trade.
• The U.S. attorney general issues an opinion in writing that states that state law that applies to adult-use or medical marijuana activities will not create “significant legal risks for those in the State of California under the federal Controlled Substances Act, based on a review of law applicable to the state including federal judicial decision-making and other administrative decisions.”