Marijuana Laws Are Confusing? Tell Us Something We Don’t Know

I recently read, with some amusement by the way, comments made by a cannabis industry executive during a live interview on Bloomberg Markets. Tilray Brands CEO Irwin Simon made it clear that he and his executive team are confused by marijuana laws in the United States. Who isn’t?

Perhaps people like me, who research marijuana laws for a living, have a better handle on them than most people. But your average guy or girl on the street is a lot like Simon. A person might walk down a New York Street and smell the aroma of marijuana everywhere, while fully acknowledging that marijuana is still federally illegal. What?

Legalization and Decriminalization Are Different

Much of the confusion is rooted in people not understanding the difference between legalization and decriminalization. When someone says that medical cannabis is legal in Utah, for example, the assertion is not quite right.

Utah lawmakers have not legalized medical cannabis. They cannot because they do not have the authority to override federal law. Rather, they have created an environment in which medical cannabis violations will not be prosecuted. That is decriminalization.

The differences between the two concepts leave people confused due to the practical implications. I can go into the Beehive Farmacy in Salt Lake City and by marijuana flower for my own consumption. But because of federal law, I can’t take it with me when I go visit grandma in Arizona.

The Confusion Doesn’t End There

Confusion over marijuana laws doesn’t end with the obvious conflict between legalization and decriminalization. No, sir. Confusion only mounts when you begin taking a look at how the conflicts between federal and state law play out in a practical sense. Here are just a few examples:

1. Workplace Drug Policies

Beehive Farmacy says that Utah laws force public sector employers to treat medical cannabis like any other prescription drug. They are not allowed to discriminate against employees who have valid medical cannabis cards. However, there is one exception: law enforcement. Police officers cannot use medical cannabis.

At the same time, private employers are still allowed to implement and enforce their own drug policies. So if a private employer wants to continue testing for marijuana, it can. If it wants to ban marijuana consumption among its workers, it can.

2. Alternative Cannabinoids

Federal law only addresses marijuana and its primary cannabinoid, Delta-9 THC. And because many of the states follow Washington’s lead, growers and processors have a loophole that allows them to synthetically produce alternative cannabinoids for sale as legal CBD products. Think delta-8 and delta-10 THC.

3. Banking and Financial Transactions

Cannabis businesses are largely prevented from accessing traditional banking services due to federal law. This can be confusing to customers who do not understand why they can use their debit and credit cards to purchase anything but cannabis.

As for cannabis companies, they cannot access banking services or write off business expenses on their taxes. But they must still report their income. They still need to pay income taxes on all their revenues. How does that make sense?

There Is Only One Solution

Simon’s revelation of just how confusing U.S. marijuana laws are is really no revelation at all. Our nation’s marijuana laws have been confusing ever since the push to legalize marijuana began decades ago. There is only one solution: bringing federal and state laws into alignment. Whether that is done through nationwide legalization or a renewed federal commitment to upholding current law is immaterial. As long as federal and state laws remain in conflict, the conflict will create confusion for everyone involved.

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