In perhaps his most controversial cabinet appointment yet, earlier today, President-elect Trump said he would nominate Florida Rep. Matt Gaetz as U.S. Attorney General. Although Gaetz’s nomination was met with skepticism by several Republican senators, nearly all of whom will have to hold the line if Rep. Gaetz is to be confirmed, the nomination would likely be a strong omen for the prospects of cannabis rescheduling. At a high level, Gaetz’s public statements on cannabis are, perhaps, checkered. But looking more deeply at the constellation of data points that we currently have available to consider, including Gaetz’s voting record as a member of the U.S. House of Representatives, it would not be unreasonable to expect Gaetz (and, by implication, DOJ) to be more friend than foe to the cannabis industry over the next four years.
A decade ago, Gaetz, then a state representative, was an outspoken supporter and sponsor of Florida’s first medical marijuana law – the Compassionate Use Act – which, in 2014, laid the foundation for a state medical marijuana market now worth over $2 billion on an annual basis. In 2016, Gaetz voted in favor of a subsequent ballot initiative to expand Florida’s existing medical program and, in 2019, also strongly supported legislation to repeal the state’s ban on smokeable medical marijuana. However, more recently, Gaetz came out in opposition to Florida’s Amendment 3 – a ballot initiative that would have legalized adult-use marijuana in the state by amending the state’s Constitution. Gaetz’s opposition to Amendment 3 could be construed as more procedural than substantive as he went on record saying, “[r]egardless of how someone feels about abortion or marijuana, I don’t believe that those issues should be resolved in the state constitution.” 1 But, in as much as those opposing votes could be construed as mixed results, they are colored by Gaetz’s uniformly pro-cannabis industry voting record since entering Congress in 2016.
A close look at a Politician Information sheet compiled by NORML, a nonprofit, public-interest advocacy group dedicated to representing the interests of the tens of millions of Americans who use marijuana responsibly, reveals Gaetz’s unflagging support for the cannabis industry over the course of his now 8-year tenure in Congress. More specifically, he has consistently voted in favor of and co-sponsored common sense federal legislation intending to ease onerous restrictions on the cannabis industry, including:
- The Blumenauer/McClintock/Norton Amendment to Protect Legalization – 2019
- The SAFE Banking Act, HR 1595 – 2019 (co-sponsor)
- The Medical Marijuana Research Act, HR 5657 – 2021
- The MORE Act, HR 3617 – 2021 (co-sponsor)
- The SAFE Banking Act, HR 1996 – 2021 (co-sponsor)
Gaetz has also openly acknowledged the acute benefits of medical cannabis for veterans suffering from conditions like depression and PTSD and has supported bills such as the Veterans Medical Marijuana Safe Harbor Act, the Veterans Equal Access Act, and the Veterans Cannabis Use for Safe Healing Act. He also openly criticized former Attorney General Jeff Sessions for DOJ’s intolerant cannabis policy during the first Trump administration and the detrimental effects of limiting access to medical cannabis for veterans and medical patients.
For those who remember the black cloud that loomed large over the industry following the issuance of the Sessions memorandum in the early days of the first Trump administration and the pervasive anxiety that followed, Gaetz’s staunch support of cannabis echoes a sharp change of tone for the President-elect, who himself has warmed to the industry in recent years and, in breaking with Gaetz, actually voted in favor of Florida Amendment 3 earlier this month. Indeed, in the lead-up to November 5, 2024, the President-elect also expressed support for the ongoing DEA rulemaking process to reschedule cannabis from Schedule I to Schedule III under the federal Controlled Substances Act and clearly stated his intention to “work with Congress to pass common sense laws, including safe banking for state-authorized companies, and support[] states [sic] rights to pass marijuana laws.”
In short, these data points suggest that Gaetz can be expected to be eager to adopt federal policies that are more favorable to an industry that has encountered stiff headwinds in recent years. With a critical hearing before a Drug Enforcement Administration Administrative Law Judge scheduled for early next year, if Gaetz is appointed as head of the Department in which the DEA sits, he would have immense power to sway the outcome of that hearing and broader rulemaking process.
We will monitor and report on any statements from his office or the Trump transition team on what the next administration might have in store for rescheduling, safe banking, federal legalization, intoxicating hemp regulation and other key issues our readers are closely following.
[1] https://floridapolitics.com/archives/689184-matt-gaetz-says-he-opposes-proposed-amendment-legalizing-marijuana-for-adults/
https://www.jdsupra.com/legalnews/trump-tabs-controversial-florida-3057360/
