Politics
GOP Senator Wants To Let States ‘Opt In’ To Marijuana Legalization And Set A Federal Tax On It, Saying He’s ‘Not An Anti-Cannabis Person’
A GOP senator says it’s time to create a regulatory framework for marijuana with a federal excise tax and allow states to “opt in” to legalization—stating that he’s “not an anti-cannabis person” but stressing that certain rules should be implemented.
Sen. Thom Tillis (R-NC) might not be the voice most would expect to back comprehensive federal marijuana reform, but he’s been ringing the bell for months as he makes the case for regulation over prohibition. Part of his position is informed by concerns he has with a North Carolina-based tribe that legalized cannabis and markets the product despite the fact that the state itself has not yet moved forward with marijuana reform.
In an interview with McClatchy that was published on Thursday, Tillis said, “We need to get rid of flavorings, eliminate Chinese imports, let states opt in, if they choose, and have rules of the road with excise tax and everything else.”
Discussing the Eastern Band of Cherokee Indians (EBCI) that legalized marijuana within its territory in North Carolina, the senator said he’s displeased with the marketing approach that’s extended beyond the tribe’s borders.
“I mean, gosh, when you’re doing the ads in Charlotte: ‘One of the country’s biggest dispensaries,’ and you’ve got a really cute app and you’re advertising all these fruity names and everything, and you’re an island—I mean unless you’re going there and having one hell of a weekend, we all know that people are taking it and bringing it back,” he said. “People need to know the minute they leave the boundary, they’re breaking the law.”
“There are people lined up, the traffic is stopped. It’s amazing,” Tillis said, referencing the tribe’s dispensary. “I’m not an anti-cannabis person, but you’ve got to do it legally.”
Michell Hicks, principal chief of EBCI, pushed back, saying that the tribe “operates squarely within the law” and saying that the senator “has chosen to ignore that truth to advance his own political agenda.”
“Our operations are fully compliant with federal and tribal law, guided by safety, transparency, and accountability,” Hicks said. “Senator Tillis’ attacks are not about legality; they are about ego. To suggest the EBCI would endanger children through marketing or sales practices is inaccurate and it is offensive to the values that guide our tribe.”
Tillis, for his part, also raised similar concerns about the tribe’s cannabis operation during a Senate Judiciary Committee hearing with Attorney General Pam Bondi on Tuesday. He said he has “no problem with” the legalization of sales in that territory generally—but that he still finds “concerning” with respect to the conflict between state and federal marijuana laws.
“Nearly three dozen states [have] either medical, recreational or hybrid” cannabis models, the senator said. “But this kind of feels like to me, the way the tobacco industry got attacked for advertising to young people.”
“This is just this worries me, because it’s a money-making enterprise. It kind of seems like it’s preying on younger people,” he said, pointing to an app that he claims allows people in states that prohibit cannabis to order marijuana products in a legal jurisdiction and then pick it up after crossing state boundaries.
Tillis also said last month that the federal government needs to “step up” and explore a regulatory framework for marijuana—and that should include a pathway to explore the “efficacy” of cannabis for certain health conditions.
At a separate Judiciary Committee hearing in June, Tillis said opponents of marijuana legalization “have lost” the fight to maintain prohibition and that “it’s time” for lawmakers to address that reality by creating a regulatory framework treating cannabis “in the same way that we do with alcohol and tobacco,” so that states can set their own policies without federal intervention.
Back in February, the senator also raised the issue during a Senate Banking Committee hearing, saying “we should reexamine [federal marijuana laws].” But at the same time, “we damn sure shouldn’t do it by passing” legislation that would simply prevent federal regulators from penalizing banks that work with state-legal cannabis businesses.
Tillis also said last December that he’s hopeful Congress will have a “discussion” about potentially creating a federal regulatory framework for marijuana in 2025, though he added that he personally wouldn’t vote to federally legalize cannabis.
Last year, the senator also said he supports creating a “comprehensive regulatory framework that treats marijuana just like tobacco,” arguing that “the federal government needs to figure out a safe way to allow this market to occur.”
Tillis in April joined Sen. Ted Budd (R-NC) in asking federal, state and local officials what steps they were taking to enforce marijuana prohibition as an Indian tribe prepared to launch recreational cannabis sales on its lands within North Carolina.
Separately, Trump’s nominee for White House drug czar, Sara Carter, told members of the Judiciary Committee at a hearing last month that the administration is keeping “all options” on the table as it continues to consider the marijuana rescheduling proposal, while describing cannabis reform as a “bipartisan issue.” The committee advanced the nominee’s confirmation to the floor on Thursday.
