John Hickenlooper Preparing for Federal Cannabis Legalization

Senator John Hickenlooper will soon introduce the Preparing Regulators Effectively for a Post-Prohibition Adult Use Regulated Environment Act, in anticipation of the day when cannabis is federally legalized. If passed, the bill would instruct the U.S. Attorney General to create a Commission on the Federal Regulation of Cannabis, which would work to create a regulatory framework for cannabis, just as the United States has federal and state regulations for alcohol.

And just as Hickenlooper, who was governor of Colorado when Amendment 64 passed, established a task force in December 2012 to provide recommendations on a regulatory framework for cannabis in the state.

"The PREPARE Act would establish a fair, honest and publicly transparent process for the development of regulations at the federal level that incorporates many of the lessons learned by these states," Hickenlooper says in an announcement of the proposed bill.

The commission would consist of 24 officials from different government agencies as well as individuals nominated by U.S. Senate and House leadership. The act would require the Senate Majority Leader to appoint someone who was convicted of a nonviolent cannabis crime; the Senate Minority Leader would appoint an expert in substance abuse prevention. The House Majority Leader would appoint a medical cannabis patient, and the House Minority Leader someone with a medical license with knowledge of research into cannabis use. The Attorney General would appoint an expert from the Department of Justice in cannabis criminalization, and there would be representatives from the National Institute of Health and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Commission members would work on proposals to keep cannabis accessible and minimize the impact of cannabis criminalization on low-income communities. They would also address the lack of access to medical cannabis and research, possible regulations to keep cannabis products safe, and more.

The commission would not have any power to make rules; it would just develop proposals and make recommendations. There would be public comment periods before and after it issues those recommendations.

According to Hickenlooper, the PREPARE Act would essentially replicate Colorado's Amendment 64 Task Force on a national level, taking into account each state's needs and laws.

Hickenlooper was not initially a supporter of Amendment 64. But when Colorado's election results came in ten years ago this Sunday, he said, "The voters have spoken, and we must respect their will. This will be a complicated process, but we intend to follow through. That said, federal law still says marijuana is an illegal drug, so don’t break out the Cheetos or goldfish too quickly.”

With his introduction of the PREPARE Act, though, now might be a good time.